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Model Bye Laws of Coop Housing Society New Flatowner Type (2-9-14) PDF
Model Bye Laws of Coop Housing Society New Flatowner Type (2-9-14) PDF
2014
Subject Index
Particulars bye law no page no
I.PRELIMINARY 3
a. The Name of the Society bye Law no 1. a 3
c. The Society is classification bye Law no 1. c 3
a. The registered address of the Society bye Law no 2. a 3
II. INTERPRETATIONS BYE LAW NO 3 3
III. AREA OF OPERATION BYE LAW NO 4 6
IV. OBJECTS 7
5. The objects of the Society bye Law no 5 7
V. AFFILIATION BYE LAW NO 6 7
VI. FUNDS, THEIR UTILISATION AND INVESTMENT 7
( A ) Raising of Funds bye law no 7 7
(B)Share Capital bye law no 8 8
(C) Limit of Liabilities bye law no 11 8
(D) Constitution of the Reserve Fund bye Law no 12 8
(E) Creation of Other Funds bye law no 13 a. b. c. d. 9
b. Major Repairs Funds bye law no 13 b. 9
(F) Utilisation of the Funds by the Society bye law no 14 9
a. Reserve Fund bye law no 14 a 9
b. Repairs and Maintenance Fund bye law no 14 b 9
c. Sinking Fund bye law no 14 c 9
(G) Investment of Funds bye law no 15 10
VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES 10
( A ) Classes of Members bye law no 16 10
( B ) Eligibility for Membership bye law no 17 10
( C ) Conditions for Membership bye law no 19 11
( A ) Rights of Member 13
Active Member bye law no 22 c 13
( B ) Getting Copy of the Bye‐laws, Audit Report & 13
Inspection of Books & Records and getting copies thereof bye law no 23 a. b. 13
( C ) Occupation of Flats bye law no: 24 14
( D ) Restrictions on Rights of Associate and Nominal Members bye law no 25 14
( E ) Resignation of Membership bye law no 27 14
( G ) Nomination by Members bye law no 31 16
( H ) Transfer of Shares and interest in the Capital/Property of the Society Bye law no 37 17
( I ) Exchange of Flats bye law no 40 19
( J ) Sub‐letting etc. of Flats bye law no 42 19
VIII. RESPONSIBILITIES AND LIABILITIES OF MEMBERS 20
( A ) Maintenance of Flats by Members Flats to be maintained bye law no 44 ‐ 47
( B ) Expulsion of a Member bye law no 48 21
( C ) Cessation of Membership bye law no 54 22
( D ) Restrictions on Holding more than One Flat bye law no 59 23
( E ) Liabilities of a Member and the Past Member bye law no 60 23
( F ) Other Matters bye law no 62 23
IX. LEVY OF CHARGES OF THE SOCIETY BYE LAW NO 64 , 65 , 66, 67 , 68, 69, 70 25
X. INCORPORATION, DUTIES AND POWERS OF THE SOCIETY 27
XI. GENERAL MEETINGS BYE LAW NO 84 ‐ 108 30
( A ) First General Meeting bye law no 84 30
( B ) Annual General Body Meetings bye law no 93 32
( C ) Special General Body Meetings bye law no 95 32
XII . MANAGEMENT OF SOCIETY BYE LAW NOS 109 ‐ 139 34
XIII . MAINTENANCE OF ACCOUNT BOOKS AND REGISTERS 140 - 146 42
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XIV. APPROPRIATION OF PROFITS BYE LAW NO 147 45
XV. TO WRITE OFF OF IRRECOVERABLE DUES. BYE LAW NO 148 45
XVI. AUDIT OF ACCOUNTS OF THE SOCIETY BYE LAW NO 150 ‐ 152 45
XVII. CONVEYANCE / DEEMED CONVEYANCE OF THE PROPERTY, AND
REDEVELOPMENT AND REPAIRS/MAINTAINCE OF THE PROPERTY 46
XVIII. OTHER MISCELLANEOUS MATTERS 49
XIX. REDRESSAL OF MEMBERS COMPLAINTS 52
XX REGARDING REDEVELOPMENT OF SOCIETIES BUILDINGS 55
2
I. PRELIMINARY
1.
a. The Name of the Society shall be Name of the Society
………….....................................................................................
b. The Society shall follow the procedure laid down under Section Procedure for
15 of the Act and Rule 14 of the Rules for the change of its changing the
name.
c. The Society is classified under major class "Housing" with sub- Classification
class "Tenant Ownership / Tenant Co-partnership / Other
Housing Society."
2.
a. The registered address of the Society shall be as under:
Address of the
…….. …… ….. ….. ….. ….. ….. ….. …. …. …. … …. …. …. ….
Society
.. ….. …… … …….. …… ….. ….. ….. ….. ….. ….. …. …. …. …
…. …. …. …. .. ….. …… …….. …… ….. ….. ….. ….. ….. ….. ….
…. …. … …. …. …. …. .. ….. …… …….. …… ….. ….. ….. …..
….. ….. …. …. …. … …. …. …. …. .. ….. ……
b. Address for Correspondence ( as decided by the Managing Committee)
Address for
…….. …… ….. ….. ….. ….. ….. ….. …. …. …. … …. …. …. ….
Correspondence
.. ….. …… … …….. …… ….. ….. ….. ….. ….. ….. …. …. …. …
…. …. …. …. .. ….. …… …….. …… ….. ….. ….. ….. ….. ….. ….
…. …. … …. …. …. …. .. ….. …… …….. …… ….. ….. ….. …..
….. ….. …. …. …. … …. …. …. …. .. ….. ……
.
c. Any change in the registered address of the Society shall be Procedure for
intimated by it to the Registering Authority and all others changing the
concerned within 30 days of such change. address of the
Society
d. Any change in the registered address of the Society shall be
made after following the procedure laid down in Rules.
e. The Society shall exhibit at a conspicuous place at the main Exhibition of
entrance of the building, a Board indicating its name. Name Board
Registration number and the registered address.
II. INTERPRETATIONS
Interpretations of
3. Unless otherwise separately provided in these bye-laws, the following the words and
words and terms shall have the meaning assigned to them here in : terms
4
xix. "Municipal Act means" the Maharashtra Municipalities Act 1965
(Mah. XL of 1965).
xx. "Open space" means an Area, forming a integral part of the site,
left open to sky.
xxi. "Open terraces" means terraces which are otherwise not in the
exclusive possession of any of the Members.
xxii. "Common Areas and Facilities" means
a. the land on which the building is located;
b. the foundations, columns, girders, beams, supports, main walls,
roofs, halls, corridors, lobbies, stair-ways, lifts / escalators , fire
escapes and entrances and exits of the building;
c. the basements, cellars, yards, gardens, parking areas un-
demarcated / demarcated parking slots, and storage spaces;
d. the premises for the lodging of janitors or persons employed for
the management of the property;
e. installations of central services such as power, light, gas, water
storage and water heating, water harvesting, pump houses,
refrigeration, air conditioning, generators, roof top solar devices,
common antennas and mass communication and data sharing
devices,
f. the elevators, tanks, pumps, motors, fans, compressors, ducts
and in general all apparatus and installations existing for
common use;
g. such community and commercial facilities as may have been
provided for;
h. all other parts of the property necessary or convenient to its
existence, maintenance and safety or normally in common use;
5
c. "Nominal Member" means a person who does not hold the right,
title and interest in the property individually or jointly admitted to
Membership as such after registration ;
Explanation :
1) For the Society in the Bruhan Mumbai insert City Survey no / Gat no. / Final Plot no / Ward no
2) For the Societies at other places, insert City Survey no / Gat no. / Final Plot no / Ward /
Corporation- Municipal limits / Town / Village of.............................. ........ ...... ................. Taluka
...................................District .............................
6
IV. OBJECTS
*(a) To buy or take on lease a plot or plots nos........ ..../Survey no. ..........
.... / CTS no .................. of.............. admeasuring. .............. sq. mts. and
to construct flats thereon for allotment to the Members of the Society for
their authorised use.
OR
V. AFFILIATION
6. The Society, immediately after its registration, shall become a Member of the Affiliation of the
Co-op Housing Federation of the District / Ward / Taluka, the District Central Society to other
Co-operative Bank. of the District, and shall pay sums, from time to time, Coop Institutions
payable by it, under the bye-laws of the respective organisations referred to
above.
( A ) Raising of Funds
7. The funds of the Society may be raised in one or more of the following ways: Modes of raising
Modes of raising the funds of the Funds of the
Society
7
a. by entrance fees,
b. by issue of shares,
c. by loans and subsidies,
d. by deposits,
e. by voluntary donations, (but not from Transferor and Transferee)
f. by contributions towards cost of building or buildings,
g. by fee on transfer of shares, along with the occupancy right,
assignment
h. by premium on transfer of occupancy right over the flats,
i. by corpus fund from Promoter Builder
j. by any other mode permitted under these bye-laws,
k. by way of statutory requirements.
l. by way of non-occupancy charges, leasing / hiring of open spaces
m. by way of corpus fund, in case of redevelopment
12.
How the a. The Reserve Fund of the Society shall comprise of —
Reserve i. all entrance fees received by the Society from its Members;
Fund shall be
constituted 8
ii. all transfer fees received by the Society from its Members on
transfers of the shares, along with the occupancy rights;
iii. all premium received by the Society from its Members on
transfers of their interest in the capital or property of the
Society;
iv. the amounts carried to the said fund, from year to year, out of
the net profit / surplus of that year, subject to the provisions of
Section 66 (1) and (2) of the Act;
v. all donations received by the Society, except those received by
it for the specific purpose.
Appropriation of
b. The Society shall, while finalising the accounts for the preceding
amounts to the
cooperative year, appropriate all amounts referred to in the bye-law Reserve Fund of
No. 12(a)(i) to (v) to the Reserve Fund of the Society. the Society
13. The Society shall create and establish the following funds by collecting Other Funds to be
contributions from its Members at the rates mentioned hereunder : created by the Society
14. The Society may utilise its Funds in the manner indicated below :
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strengthen it / them or for carrying out such heavy repairs as maybe
certified by the Architect and on approval of General Body.
Investment of 15. The funds of the Society, when not deployed in its objects, may be invested
Funds or deposited as required under Section 70 of the Act. Provided that Society's
funds collection shall be invested on long term basis, along with the interest
earned thereon by one of the modes permitted under the said section of the
Act.
I. MEMBERSHIP
( A ) Classes of Members
16. The Membership of the Society shall consist of (i) Members, including Classes of
Associate Members and (ii) Nominal Members. Members
18. A Firm registered under the Indian Partnership Act, 1932, a Company
Eligibility of
registered under "the Indian Companies Act, 1949, a Society registered under
Corporate Bodies
the Societies Registration Act. 1860 or a Co-operative Society registered or for Membership of
deemed to be registered under the Maharashtra Co-op. Societies Act, 1960, a the Society
Local Authority, the State/Central Government, a Public Trust or any other
Body Corporate, registered under the law for the time being in force, as
provided under Section 22(1) (b), (c), (d), (e) and (f) of the Act may be eligible
for admission to Membership of the Society. However, admission of Firms and
Companies to Membership of the Society and holding of flats by them shall be
regulated in accordance with the notifications issued by the State Government
from time to time under the Second Proviso to Section 22 of the Act.
Note : For existing terms and conditions of the Government Notification
referred to above, see Annexure to these bye-laws.
19.
Conditions for
a. An individual / applicant who is eligible to be the Member and who has
Individuals
applied for Membership of the Society in the prescribed form, may admitted desiring to be
as Member by the Committee on complying with the following conditions :- Member of the
i. applicant has fully tendered the value of at least Ten shares of the Society, Society
along with his Application for Membership;
ii. applicant has paid the Entrance Fee of Rs. 100/-, along with the Application
for Membership;
iii. applicant has submitted the application as prescribed, of the particulars in
regard to any house, plot or flat owned by him or any of the Members of his
family, anywhere in the area of operation of the Society;
iv. applicant has submitted undertaking in the prescribed form to the effect that
he shall use the flat / unit for the purpose for which it was purchased by him;
v. applicant has furnished an undertaking in the prescribed form, if he / she has
no independent source of income;
vi. applicant has submitted, along with the application for Membership of the
Society, a certified copy of the agreement, duly stamped and registered
entered into by him / her/ them with the Promoter Builder or Transferor under
Section 4 of the Maharashtra Ownership of Flats Act;
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vii. applicant has furnished such other undertakings/declarations, in the
prescribed forms as are required under any law for the time being in force and
such other information as is required under the Bye-laws of the Society along
with the application for Membership.
viii. In case of Societies registered under the jurisdiction of special planning
Authority like CIDCO / MHADA / SRA / MMRDA etc. the applicant should be
eligible person as per the provision of respective Act and the directives of the
Govt. / the Planning Authorities, if any.
Note : The conditions at (iii), (iv), (v), and (vii) above shall not be
applicable to the Promoter Builder, applying for Membership
of the Society, in respect of the unsold flats.
.
b. An Individual, a Firm, a Company or a Body Corporate, registered under Conditions for
any Law for the time being in force, who/ which is eligible to be an Individuals desiring
Associate Member and who/which shall apply through Member in the to be Member of the
prescribed form for such Membership, along with the entrance fee of Rs. Society
100/-, may be admitted as Associate Member by the Committee.
c. A Firm, Company or any other Body Corporate, registered under any law for
Conditions for the time being in force, which is eligible to be a Member of the Society and
Membership for has made an application for Membership of the Society in the prescribed form
Corporate bodies
may be admitted as a Member by the Committee of the Society on complying
desiring to become
Society with the following conditions :-
i. applicant has sent, along with application for Membership of the
Society, a certified copy of the agreement duly stamped entered into by
it, with the Promoter(Builder) or transferor under Section 4 of the
Ownership Flats Act.1963,with certified copy of resolution of the firm or
company as the case may, authorizing to sign the application.
ii. applicant has paid, along with application for Membership, full value of
at least 10 shares and entrance fee of Rs. 100/-.
iii. applicant has complied with the conditions mentioned in the
notifications, issued by the State Government, from time to time, under
the Second Proviso to Section 22 of the Act.
iv. applicant has furnished the undertakings / declarations in the
prescribed forms required under any law for the time being in force
along with the application for Membership.
Note : The conditions at (i) and (iii) shall not be applicable to the
firm/ company of the Promoter Builder, applying for
Membership of the Society in respect of the unsold flats.
Procedure for 21. The procedure for disposal of Application for Membership of the Society, as laid
disposal of under the bye-law No. 65 (a) to (g) shall be followed by the Secretary and the
Membership Committee of the Society.
Applications
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II .RIGHTS AND DUTIES OF MEMBERS
( A ) Rights of Member
22.
a. A Member shall be entitled to exercise such rights as provided in the
Act, Rules and Bye-laws. Provided that no Member shall exercise the
rights of Member of a Society, until he has made such payment to the
Society in respect of Membership, or acquired such interest in the
Society.
b. Provided further that, in case of increase in minimum contribution of
Member in share capital to exercise right of Membership, the Society
shall give a due notice of demand to the Members and give
reasonable period of time to comply with.
Active Active Member
Member
c. A Member shall be termed as an 'Active Member' if he / she fulfill
the following conditions: viz.
23. a. A Member shall have right to inspect free of cost books, registers Inspect Society’s
documents etc. as provided in Section 32 (1) of the Act and get record and
copies of the documents as provided under Section 32 (2) of the getting copies
Act, on payment of the fees prescribed under the bye-law No. 172. thereof
b. A Member shall be entitled to receive a copy of the Approved Bye-laws,
Audit Report of the Society, on payment of charges prescribed thereof.
13
( C ) Occupation of Flats
24. a.The Member, who is deemed to have been allotted the flat under the
Bye-law No. 76(a) of the Society shall have a right to occupy the flat
subject to the terms and conditions set out in the letter in the prescribed
form under the said bye-law.
( E ) Resignation of Membership
( 1 ) Resignation by a Member
27.
Notice of ( a) A Member may resign from Membership after giving three months notice in
resignation of the prescribed form to the Secretary of the Society as provided under Rule
Membership of 21(1) of the Rules.
the Society.
(b) No resignation of a Member of the Society shall be accepted unless such
Resignation not to be Member has made payment of the charges payable to the Society in full.
accepted unless
charges of the Society (c) Where any charges are found payable by the Member to the Society, the
are fully paid.
Communication of Secretary of the Society shall intimate the same giving full details and
outstanding charges reasons of dues thereof to the Member within 15 days of the receipt of the
due to Society from notice of resignation, advising him to make payment thereof within 30 days
the Member of the date of intimation.
Acceptance of (d) Where there are no charges of the Society outstanding with the Member,
resignation the Committee shall accept the resignation of the Member and the
where no charges of
Secretary of the Society shall communicate the same to the Member within
the Society are
outstanding. a period of 3months from the date of the receipt of the notice of the
resignation.
Communication of (e) Where any resignation is rejected, the Committee shall record the reasons
reasons for rejection therefore and communicate the same to the Member concerned within three
of resignation. months from the date of receipt of notice of resignation.
( 2 ) Resignation by an Associate Member
Resignation by 28. An Associate Member may resign his Membership any time by writing the letter
an Associate of resignation to the Secretary of the Society, through the Member, with whom
Member he held the shares of the Society jointly. The Secretary of the Society shall
place the letter of the resignation of the Associate Member, before the meeting
of the Committee, held next after the receipt of the letter of the resignation, duly
14
recommended by the Member for acceptance by the Committee. The decision
of the Committee, accepting the resignation of the Associate Member shall be
communicated by the Secretary of the Society to the Member and his associate
Member within 15 days of the decision by the Committee. If the resignation is
rejected, the Committee shall record the reasons therefore in the minutes of its
meeting and the Secretary shall communicate the same to the Member and his
associate Member within the time specified above.
28. If there is a nominal Member, occupying the flat on behalf of a firm, company or
Resignation by a
any other body corporate, he/she may resign his nominal Membership, at any Nominal Member,
time, by writing the letter of the resignation to the Secretary of the Society occupying the flat on
through the firm, the company or any other body corporate, on whose behalf he behalf of a firm,
is occupying the flat. The Secretary of the Society shall place the letter of company or any
resignation, before the meeting of the committee, held next after the receipt of other body
the letter of the resignation of the Nominal Member, duly recommended by the corporate.
firm, the company or any other body corporate for acceptance by the
Committee. The decision of the Committee, accepting the resignation shall be
communicated by the Secretary of the Society to the firm, company or the body
corporate and the nominal Member, within 15 days of the decision by the
Committee. If the resignation is rejected, the Committee shall record reasons
therefor in the minutes of its meeting and the Secretary shall communicate the
same to the firm, company or the body corporate and the nominal Member
within the time specified above.
29. A sub-letter, licensee, caretaker or possessor of a flat or part thereof, who has Resignation by a
been admitted as a nominal Member of the Society may resign his nominal sublettee.
licensee- or
Membership at any time, by writing the letter of the resignation to the Secretary
caretaker
of the Society, through the Member who has been permitted by the Committee
to sub-let, give on leave and licence or caretaker basis the flat or part thereof or
part with its possession in any other manner. The Secretary of the Society shall
place the letter of the resignation before the meeting of the Committee, held
next after the receipt of the letter of the resignation duly recommended by the
Member concerned for acceptance by the Committee. The decision of the
Committee, accepting the resignation shall be communicated by the Secretary
of the Society to the Member concerned and his sub-lettee the licensee, the
caretaker, or as the case may be, the possessor of the flat or part thereof,
within 15 days of the decision by the Committee. If the resignation is rejected,
the Committee shall record reasons there for in the minutes of its meeting and
the secretary of the Society shall communicate the same to the Member
concerned and his sub-lettee, licensee or caretaker etc. within the time
specified above.
30. On acceptance of the resignation of the Member, under bye-law No. 27, the Acquisition of shares
Society shall acquire the shares and interest of the Member in the capital/ and interest of the
property of the Society and pay him the value thereof as provided under the Member in the
bye-law No. 66. capital/property of the
Society.
15
( G ) Nomination by Members
Procedure for 31. A Member and / or Associate Member of the Society may by writing under his
Nomination hand, in the prescribed form, nominate a person or persons to whom the
by a Member and whole or part of the shares and / or interest of the Member in the capital /
its revocation / property of the Society shall be transferred in the event of his death. The
revision. acknowledgement of the nomination by the Secretary, shall be deemed to be
the acceptance of nomination by the Secretary. No fees shall be charged for
recording the first nomination. A Member may revoke or revise his nomination,
at any time, by making an application, in writing, under his hand, to the
Secretary of the Society. The acknowledgement of the variation in nomination /
subsequent nomination by the Secretary, shall be deemed to be the
cancellation of earlier nomination. Every revision of the nomination shall be
charged a fee of Rs. 100/-
32. On receipt of the Nomination form, or the letter for revocation of the earlier
Recording of nomination, the same shall be placed before the meeting of the Committee.
Nomination held next after the receipt of the Nomination form, or the letter of revocation of
or revocations the earlier nomination, by the Secretary of the Society for recording the same in
/ revisions the minutes of the Committee. Every such nomination or revocation thereof
thereof. shall be entered in the register of nominations by the Secretary of the Society
within 7 days of the meeting of the Committee, in which it was recorded.
33. Subject to the provisions of the Section 30 of MCS Act. 1960 bye-law No. 17A
Transfer of or 19, on the Death of a Member, the Society shall transfer the shares and
shares and interest of the deceased Member in the Capital/Property of the Society to the
interest of the Nominee/Nominees and in proportion with the shares and interest held by the
deceased deceased Member, in case property is purchased by Member and associate
Member in the Member jointly. In the event of death of the Member, Nominee/Nominees shall
capital / submit the Application for Membership, within six months from the death of a
property of the Member. If there are more than one Nominee, on the death of a Member, such
Nominees shall make Joint Application to the Society and indicate the name of
the Nominee who should be enrolled as Member. The other nominees shall be
enrolled as Joint/Associate Members unless the nominees indicate otherwise.
The nominees shall also file an Indemnity Bond in the prescribed form
Indemnifying the Society against any claims made to the shares and interest of
the deceased Member in the Capital/Property of the Society by any of them, in
case only one nominee is indicated by the Nominees for Membership of the
Society.
Transfer of shares 34. Where a Member of the Society dies without making a nomination, or no
and interest of the nominee comes forward for transfer, the Society shall invite within six month
deceased Member in from the information of his death, claims or objections to the proposed transfer
the capital/property of Shares and interest of the deceased Member, in the capital/property of the
otf the Society to the Society, by a public notice, in the prescribed form, exhibited on the notice board
heir of the the Society. It shall also publish such notice in at least two local news
papers, having wide circulation. The entire expenses of publication of the notice
shall be recoverable from the value of shares and interest of the deceased
Member in the capital/property of the Society. After taking into consideration the
claims or objections received, in response to the said notice, and after making
such inquiries as the committee considers proper in the circumstances
prevailing, the committee shall decide as to the person, who in its opinion is the
heir or legal representative of the deceased Member. Such a person will be
16
eligible to be a Member of the Society subject to the provisions of the bye-laws
Nos. 17(a) or 19, provided that he gives an Indemnity Bond along with his
application for Membership in the prescribed form, indemnifying the Society
against any claims made to the shares and interest of the deceased Member in
the capital/ property of the Society, at any time in future, by any person. If there
are more claimants than one, they shall be asked to make the affidavit as to
who should become a Member of the Society and such person, named in the
affidavit shall furnish the indemnity bond as indicated above along with
application for Membership, referred to above. If however, the committee is not
able to decide as to the person who is the heir/legal representative of the
deceased Member or the claimants do not come to the agreement, as to who
should become the Member of the Society, the Committee shall call upon them
to produce succession certificate from the Competent Court. If, however, there
is no claimant, the shares and interest of the deceased Member in the
capital/property of the Society shall vest in the Society.
35. If there is the single nominee and if he demands payment of the value of
Shares and interest of the deceased Member, in the capital / property of the Payment of the
Society, the Society shall acquire the same and pay him the value thereof as value of
Shares and
provided under the bye-law No.63. If, however, there are more nominees than
interest of
one and if they demand payment of the value of the shares and interest of the the deceased
deceased Member in the capital/property of the Society, the Society shall Member in the
acquire the same and pay them value thereof as provided under the bye-law capital /
referred to above in the proportion mentioned in the nomination form. If no
proportion is mentioned in the nomination form, the payment shall be in equal
proportions.
36. If, in the opinion of the Committee, there is only one heir / legal representative Payment of the value
of the deceased Member and if he demands payment of the value of the of Shares and interest
shares and interest of the deceased Member in the capital/property of the of the deceased
Society, the Society may acquire the same and pay him the value thereof as Member in the capital /
provided under the bye-law No. 63 after obtaining the indemnity bond referred property of the Society
to in the bye-law No. 34. If, in the opinion of the Committee, there are more to the heir / legal
heirs/legal representatives than one and if they demand payment of the value Representative
of Shares and interest of the deceased Member in the capital/property of the
Society, the Society may acquire the same and pay them value thereof in equal
proportion as provided under the bye-law No. 66, after obtaining the Indemnity
Bond referred to in the bye-law No. 35, from all the heirs/legal representatives
jointly.
37.
a. A Member, desiring to transfer his shares and interest in the Notice of transfer of
capital/property of the Society shall give 15 days' notice of his intention Shares and interest in
to do so to the Secretary of the Society in the prescribed form, along with the capital/property of
the consent of the proposed transferee in the prescribed form. the Society
b. On receipt of such notice, the Secretary of the Society shall place the
same before the meeting of the Committee, held next after the receipt of
the notice, pointing out whether the Member is prima-fascia eligible to
transfer his shares and interest in the capital/property of the Society, in
view of the provisions of Section 29(2)(a) of the Act.
c. In the event of ineligibility (in view of the provisions of section 29(2)(a) & (b)
of the act) of the Member to transfer his shares and interest in the
capital/property of the Society, the Committee shall direct the Secretary of
the Society to inform the Member accordingly within 8 days of the decision
of the Committee.
17
d. "No Objection Certificate" of the Society is not required to transfer the
shares and interest of the transferor to transferee. However in case such a
certificate is required by the transferor or transferee, he shall apply to the
Society and Committee of the Society may consider such application on
merit, within one month.
Note : The condition at sr. no. (ix) above shall not apply to transfers of shares and interest, of the
transferor in the capital / property of the Society to the Member of his family or to his nominee
or his heir / legal representative after his death and in case of mutual exchange of flats
amongst the Members.
38.
Disposal of transfer a. The procedure for disposal of applications for transfers of shares
applications and/ or interest of Members in the capital/property of the Society as
laid down under the bye-law No. 62 shall be followed by the Secretary
and the Committee of the Society.
Committee / General b. A meeting of the Committee or the General Body, as the case may
Body not to ordinarily be, shall not refuse any application for admission to Membership of
refuse any application transfer of shares and interest in the capital/property of the Society
for Membership or
transfer of Shares
except on the ground of noncompliance of the provisions of the Act,
the Rules and the Bye-laws of the Society or any other law or order
issued by the Government in exercise of the statutory powers vested
in it.
18
c. If the decision of the Committee/General Body meeting as the case Deemed to have
may be, on the application for transfer of Shares and/or interest in the been Admitted
capital/ property of the Society is not communicated to the applicant -if not
within three months of its receipt, the transfer application shall be communicated
deemed to have been accepted and the transferee shall be deemed to within three
have been admitted as a Member of the Society as provided under months
Section 22(2) of the Act.
Unauthorised
d. Any transfer made in contravention of the Act, Rules or the Bye-laws transfer void.
shall be void and not effective against the Society
Rights of
39. The Transferee shall be eligible to exercise the rights of Membership on receipt Membership
of the letter in the prescribed form from the Society or order under section 22 or when to be
23 of the Act from the Registrar; subject to the provisions of the MCS Act 1960, exercised
Rules and Bye-laws. by the transferee.
( I ) Exchange of Flats
40. The Members, desiring to exchange their flats, shall make a joint application to
the Secretary of the Society, containing the following details: Application for
a. The names of the Members concerned; exchange
b. The distinctive numbers of their respective flats; of flats by the
Members of the
c. The carpet areas (in sq. metres), of their respective flats;
d. The building number/numbers or name/names of the building/buildings in
which the respective flats are situated;
e. The reasons for exchange of flats.
Disposal of
41. The procedure for disposal of applications for exchanges of flats as indicated in applications
the bye-law No. 62 shall be followed by the Secretary and the Committee of the for exchanges of
Society. flats by Members.
19
VIII. RESPONSIBILITIES AND LIABILITIES OF MEMBERS
( A ) Maintenance of Flats by Members Flats to be maintained
44. Every Member shall keep his flat / unit in good maintenance.
Additions and
alterations 45.
in a flat a. No Member shall, without the previous permission of the Committee in
permissible with writing, make any additions to or alterations in his flat.
the Committee's
b. The Member, desirous of making any additions to or alterations in his flat
Application for shall make an application to the Secretary of the Society, giving all the
permission for required particulars. Further action on such application shall be taken by the
Making additions Secretary and the Committee of the Society as provided under the bye-law
and alterations No. 65.
in a flat c. No structural changes are permissible, without the prior permission of the
concerned competent authority.
46.
a. For facilitating discharge of functions mentioned under the bye-law No. 156
Examination of by the Committee, every Member shall allow the Secretary of the Society,
flats and report
accompanied by any other Member of the Committee, to enter upon his flat
about Repairs to
Flats with prior intimation to the Member, to examine its condition for ascertaining
the repairs, if any, necessary. The Secretary of the Society shall make a
report to the Committee, indicating therein the particulars of the repairs to
be carried out by the Society at its cost and those by the Members at their
cost.
b. On receipt of such report, the committee shall ascertain the cost involved in
Notice to the Member the repairs, which are required to be carried out by the Society at its cost as
about carrying out provided under the bye-law No. 160(a) and cause the notice to be served
repairs in his flat by the on the Member for such period as the Committee thinks adequate, of its
Society at its cost. intention to carry out the repairs and there-upon the Member concerned
shall allow the workmen engaged by the Society directly or through its
architect, access to his flat for carrying out the repairs. If the Member
concerned fails to give access to his flat, without reasonable and convincing
reasons, the Secretary of the Society shall have authority to enter upon the
flat and carry out the work under the Supervision of the Member of the
Committee duly authorised by it in that behalf or the architect appointed by
the Society.
Notice to the c. In respect of the repairs to be carried out by the Member at his cost, the
Memberfor carrying Committee shall cause the notice to be served on the Member, indicating
out repairs to his flat therein, the particulars of repairs necessary at his flat and calling upon him
at his cost. to carry out the repairs to his flat to the satisfaction of the architect approved
by the Society, if any, at his cost, within such period as the Committee may
allow. On his failure to comply with the notice, the Secretary of the Society
or the architect appointed by the Society shall have authority to enter upon
the flat and cause the repairs to be carried out after giving due notice
to the Member concerned. The amount spent by the Society on such
repairs shall be recoverable from the Member concerned.
Restrictions on storing 47. No Member, without the previous permission of the Committee, in writing shall
of certain goods. stock or store any kind of goods or materials, which are combustible obnoxious
or other goods, for the storing of which requires permit / sanction of the
competent authority under any law relating thereto.
20
a. No Member shall do or suffer anything to be done in his fiat which may cause Not to do
nuisance, annoyance or inconvenience to any of the Members of the Society anything causing
inconvenience,
or carry on practices which may be repugnant to the general decency or
to other
morals of the Members of the Society. Members.
b. It shall be competent for the Committee either sou-moto or on receipt of the Committee to
complaint from any Member, to take steps to stop all such practices referred take action on
complaints
to in the bye-law No. 47(a) forthwith.
( B ) Expulsion of a Member
48. A Member may be expelled from the. Membership of the Society, if such a
Member Grounds on
a. has persistently failed to pay the charges due to the Society, which a
b. has willfully deceived the Society by giving false information, Member could be
c. has used his flat for immoral purposes or misused it for illegal purposes expelled.
habitually,
d. has been in the habit of committing breaches of any of the provisions of
the byelaws of the Society, which, in the opinion of the Committee, . are of
serious nature,
e. has furnished false information or omitted to furnish the material
information to the Registering Authority at the time of registration of the
Society.
f. A Non-Active Member who does not attend at least one meeting of the
general body in next five years from the date of classification as Non-
Active Member
49.
a. The cases of expulsion from the Membership of the Society shall be dealt Procedure for
with in the manner provided under Section 35 of the Act, read with Rule 28 expulsion
and 29 of MSCS Rules. of a Member.
Member
b. Expulsion from Membership may involve forfeiture of the shares held by the Effect of expulsion
Member. Where the Committee decides that expulsions from Membership on
should also involve forfeiture of the shares, it shall make necessary Membership of the
reference to the proposed forfeiture of the shares in the notice to be issued Society.
under Rule 29 of the Rules.
50. The Member, duly expelled from Membership of the Society, shall cease to be
the Member of the Society, with effect from the date on which the resolution of
expulsion from the Membership of the Society is approved by the Registering
Authority'. The forfeiture of shares may take effect simultaneously with
expulsion. Handing over vacant possession of the flat by the expelled Member.
51. The Member, who has been duly expelled from the Membership of the Society,
shall not be entitled to continue in occupation of his flat and he shall arrange to
hand over peaceful and vacant possession of his flat to the Secretary of the
Society, within such period as the Committee may allow. On his failure to do so,
he shall be liable to be evicted from his flat. Acquisition of the Shares and
interest of the expelled Member.
52. If the meeting of the general body of the Society has decided not to forfeit the
shares, the interest of the expelled Member in the capital/property of the
Society and the value thereof shall be acquired by the Society and the value
thereof shall be paid to the expelled Member, within 3 months of his handing
over possession of his flat or his eviction from it, after following the procedure
21
as laid down under the bye-law No. 66 in respect of payment of the value of the
shares and interest in the capital/property of the Society acquired by the
Society.
Eligibility of 53. No Member of the Society, who has been expelled from its Membership, shall
the expelled be eligible for readmission to Membership in the Society, until expiry of the
Member for period of one year from the date of his expulsion, provided that on the
readmission recommendations of the meetings of the general body of the Society, the
expelled Member may be re admitted to its Membership, as a special case
before the expiry of the period of one year, with the prior permission of the
Registering Authority.
( C ) Cessation of Membership
Circumstances 54. The person shall cease to be the Member of the Society:
under which a
a. On his resignation from Membership of the Society having been accepted
person ceases to
be a Member
by the committee.
b. On transfer of all his shares and interest in the capital/property of the
Society.
c. On his death.
d. On his expulsion from the Membership of the Society.
e. On being adjudged as an insolvent or legally disabled from continuing as
Member.
f. If the whereabouts of the Member are not known for continuous seven
years and if his shares & interest in the property/capital of the Society is not
claimed by anybody else.
g. On cessation of right/title & interest of a Member in the property of the
Society, by way of legal attachment or sale.
h. Any transfer if void as provided under bye law number 38 (d)
The Committee shall take further action in the matter as indicated in the
bye-law No.61.
55. The person shall cease to be the Associate Member of the Society, when the
Circumstances
Member, whose name stands first, ceases to be the Member of the Society or
under which the
person shall cease on the death of the Associate Member or on the acceptance of the resignation
to be Associate of the Associate Member by the Committee,
Member. However the associate member shall not cease to be Associate Member when
the First Member ceases to be the member of the society if Associate Member
holds title and interest in the property jointly with the member.
The Committee shall take further action in the matter as indicated in the Bye-law
No. 61.
56. If there is a Nominal Member, occupying the flat on behalf of the firm, company
or any other body corporate he shall cease to be as such Member of the
Circumstances
Society :
under which
the person a. On his death.
occupying the b. On the acceptance of his resignation by the Committee.
flat onbehalf of c. On cessation of Membership of the original Member on whose behalf he
the firm / occupies the flat in the Society.
company d. On cessation of his nomination on account of expulsion of the original
ceases tobe Member.
the nominal e. On intimation from the original Member of termination of the occupants
Member. nomination.
22
The Committee shall take further action in the matter as indicated in the bye-law
No.58.
57. The Nominal Member, who is the sublettee, licensee or care-taker or possessor
in any other manner of the flat or the part thereof shall cease to be as such Circumstances
under which a
Member of the Society:
Sub lettee,
a. On his death. licensee
b. On his resignation having been accepted by the Committee. .carelaker
c. On the cessation of the Membership of the original Member. ceases to be the
d. On the expiry of the period for which the flat or part thereof was permitted to nominal Member
be sub-let, given on leave and license or care-taker basis or occupied in
any other manner.
Note : The words 'original Member' used in the bye-laws Nos. 54, 55, 56 and 57 Action by the
mean the Member, with whom the Associate Member/s hold the shares of Committee
the Society jointly, the Firm, the Company or any other Body Corporate, on cases of
on whose behalf the nominal Member occupies fiat in the Society's cessation of
Membership
building or the Member who has been permitted to sub-let, give on leave
of the Society
and license or care-taker basis his flat or part thereof or part with its
possession in any other manner. The Committee shall take further action
in the matter as indicated in the bye-law No. 58.
58. The Committee shall record the facts of cessation of Members Membership of
the Society under the bye-law No. 54 and of Associate and Nominal Member's
Membership respectively under the bye-laws Nos. 55, 56 and 57, in the Minutes
of its Meetings and accordingly the Secretary of the Society shall inform the
concerned Members in writing within 7 days of the dates of such decision of the
committee.
59. Individual Member of the Society may hold more than one flat, in the building/s Holding of multiple
of the Society in his name or in the name of any of the Members of his family flats
subject to the conditions as provided under the provisions of Section 6 of the by Member.
"Act".
60. The liability of a Member of the Society shall be limited to his shares-holding in Liability limited
the Society. to unpaid
amount on
61. The liability of the past Members of the Society for the debts of the Society, as Shares-
they stood on the date of the cessation of his Membership and the liability of the Liability of the
estate of the. deceased Member of the Society for the debts of the Society as past
they stood on the date of his death shall continue for the period of 2 years from Member.
the date of his cessation or death respectively as per the provisions of Section
33(1) of the Act.
( F ) Other Matters
62.
a. All the applications for (i) admission to Membership of the Society, including
associate and nominal Membership, (ii) approval to the transfers of Shares
and interest in the capital/property of the Society, (iii) intimation for subletting
23
or giving flats or parts thereof on leave and license or care-taker basis, (iv)
permission for additions and alterations in flats, (v) allotment of parking
spaces and stilts (vi)permission for exchange of flats (vii) permission for
holding, additional flats, (viii)permission for assigning, mortgaging or creating
charge or interest in fiats, (ix) permission for use of terrace, and (x)
complaint application of the members (xi) for any other purpose provided
under the byelaws but not specifically mentioned above, shall be addressed
to the Secretary of the Society. Every application received by the Secretary
shall be acknowledged by him.
b. On receipt of the applications, the Secretary of the Society shall scrutinize
them and bring any short-coming therein to the notice of the Members
concerned within 15 days of their receipt for compliance;
c. The Secretary shall place all the applications, complete in all respects, or
incomplete, before the meeting of the Committee or the general body, as the
case may be, held next after receipt of the applications;
d. The Committee or the General Body, as the case may be, shall consider all
such applications at its meetings and take decisions thereon; .
e. The Committee shall ensure that all the applications received by the
Secretary of the Society are disposed off within the maximum period of 3
months from the dates of their receipt; except application for subletting.
f. If the Committee or the General Body, as the case may be, rejects any
applications, it shall record, in the minutes of its meetings, the reasons for
rejection of the applications;
g. The Secretary of the Society shall communicate the decisions of the
Committee or the General Body, as the case may be, to the applicants
concerned within 15 days of the decisions of the Committee or the General
Body, as the case may be, with reasons, where the applications are rejected
by the Committee or the General Body, as the case may be, If the Society
does not communicate the decision to the applicant within three months from
the date of receipt of application for Membership; including nominal or
associate Membership, the applicant shall be deemed to have been admitted
as a Member as provided under Section 22(2) of the Act.
63. Wherever the question of payment of the value of the shares and the interest of
any Member of the Society, in its capital/property, as the result of acquisition of
the same by the Society arises, the following procedure shall be followed :
a. The value of Shares or interest in the share capital of the society shall be
decided in accordance with the provisions of Section 29 read with Rule 23
of the MSCS Rules,
b. The interest of the expelled Member in the property/capital of the Society,
shall be valued by the Government approved valuer.
c. Within one month of the date of demand for payment of the value of the
shares and interest in the capital/property of the Society, or acquisition of
the same by the Society, the Committee shall, by publication of the notice in
at least two widely circulated news papers and exhibition thereof on the
notice board of the Society, invite offers for price proposed to be paid for
acquiring interest in the flat, within such period as is mentioned in the
notice.
d. On receipt-of the offers, the Committee, in its meeting, shall scrutinize the
same and decide to accept the offer which is the highest, which shall not be
less than the approved value as determined in (ii) above.
e. The Committee shall then advise the person, offering the highest price, to
make an application for Membership of the Society, in the prescribed form
24
along with a demand draft for the price offered, value of 5 Shares of the
Society and the entrance fee of Rs. 100/-.
f. On realisation of the demand draft and within one month of the admission of
the said person to Membership of the Society, the Committee shall arrange
to pay the value of the interest in the flat realised by the Society,
i. To the Member whose resignation has been accepted by the
Committee, or
ii. To the nominee/s legal heir/s of the deceased Member who demanded
payment of the value of the Shares and the interest in the capital or
property of the Society or
iii. To the expelled Member Together with the value of the shares as
determined under (i) above and after deducting the following
a. outstanding amounts, if any, due from such Member.
b. the entire expenses of the publication of the notice.
c. Expenses incurred for the disposal of the interest of the Member in
the property/capital of the Society. The payment shall be made in
the manner provided under the bye-laws Nos. 36, 37 and 55 to the
nominee/nominees or heir/heirs, respectively.
64. The contribution to be collected from the Members of the Society, towards
Composition of
outgoing and establishment of its funds, referred to in these bye-laws as 'the the
charges' may be in relation to the following : (i) Property Taxes, (ii) Water Charges of the
Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and Society.
Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the
Society, including charges for running the lift. (vi) Contribution to the Sinking
Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the
defaulted charges, (x) Repayment of the installment of the loan and interest, (xi)
Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Non-
agricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any
Other Charges.
65. The Service charges of the Society referred to at 64 (vii) above shall include the Break-up of
following: ServiceCharges
a. Salaries of the office staff, liftmen, watchmen, malis and any other of the Society.
employees of the Society.
b. Where the Society has independent Office, the property taxes, electricity
charges, water charges etc. for the same.
c. Printing, Stationery and Postage,
d. Travelling Allowance and conveyance charges to the staff and the Members
of the Committee of the Society.
e. Sitting fees paid to the Members of the Committee of the Society,
f. Subscription to the Education Fund of the Maharashtra Rajya Sahakari
Sangh Ltd.
g. Annual Subscription of the Housing Federation and any other co-operative
institution to which the Society is affiliated.
h. Entrance fees for affiliation to the Housing Federation and any other
cooperative institution.
i. Audit Fees for internal, Statutory and reaudit, if any.
j. Expenses incurred at meetings of the general body, the Committee an the
Sub-Committee, if any
25
k. Retainer fees, legal charges, statutory enquiry fees.
l. Common electricity charges.
m. Any other charges approved by the General Body at its Meeting. However
such charges should not contradict the provisions of the Act, Rules and
Bye-laws of the Society.
66.
a. The Committee shall apportion the Share of each Member towards the
Sharing of the charges of the Society on the following basis:
Society's Charges
i. Property taxes : As fixed by the Local Authority
by the Members. at
its meeting. ii. Water Charges : On the basis of total number and size of inlets
Committee to fix provided in each flat.
Society's Charges iii. Expenses on repairs and maintenance of the building/buildings of the
in respect of every Society : At the rate fixed at the general body from time to time,
flat. subject to the minimum of 0.75 percent per annum, of the construction
cost of each flat for meeting expenses of normal recurring repairs.
iv. Expenses on repairs and maintenance of the lift, including charges for
running the lift : Equally by all the Members of the building in which lift
is provided, irrespective of the fact whether they use the lift or not.
v. Sinking Fund : As provided under the bye-law No. 13(c).
vi. Service Charges: Equally divided by number of flats / units.
vii. Parking Charges : At the rate fixed by the General Body of the Society
at its meeting under the bye-law No. 84/85.
viii. Interest on the delayed payment of Charges : At the rate fixed under the
bye-law No. 72 to be recovered from the defaulter Member.
ix. Repayment of the installment of the loan and interest : The amount of
each - installment with interest fixed by the financing agency.
x. Non-occupancy charges : At the rate fixed under the byê-law No.
43(b)(iii).
xi. Insurance Charges : The built up areas of each flat, provided that if
there is increase in the insurance premium due to storing any specific
goods in any flat, used for commercial purposes, the extra burden of
insurance premium shall be shared by those who are responsible for
such increased premium in proportion of the built up areas to their flats.
xii. Lease Rent : The built up area of each flat / unit.
xiii. Non-Agricultural tax : The built up area of each flat / unit
xiv. Education & Training Fund : Rs. 10 per Flat/unit per month.
xv. Election Fund : Equally by the Members and as prescribed by
the Election Authority in the Rules
xvi. Any other charges : As may be decided by the General Body
Meeting of the Society
b. The Committee shall fix in respect of every flat the Society charges on the
basis laid as down under the bye-law No, 66 (a).
26
Security Appliances (CCTV, Intercom, Group Mobile, Mass Data Sharing
Devices, Siren Bell) (xx) Rain Water Harvesting,(xxi) Sewerage, Storm water
Drain & Water Treatment Plant (xxii) Common areas not specifically allotted
,Swimming Pool, Gym, Sauna Bath, Coffee House (xxiii) Common Parking
Space (xxiv) Solar and alternate energy devices. (xxv) Garden (xxvi)
Community hall
b. All the repairs, not covered by the byelaw No. 158(a) shall be carried out
by the Members at their cost. The expenditure of the internal leakage due to
toilet, sink etc. should be borne by concerned flat holders, with intimation to
the Society.
68. The Secretary of the Society, shall prepare bill/demand notice in respect of the
charges of the Society payable by Members on the basis of the bye-law No. 70 Payment of the
(a) and issue the same to all the Members on or before the date fixed by the Society's Charges.
Committee in that behalf. Every Member of the Society shall pay the amount
mentioned in the bill /demand notice in full within such period as may be fixed
by the Committee.
69.
a. A Member shall be deemed to have committed default in payment of the
Review of
charges of the Society, if the payment mentioned in the demand notice/bill is payment defaults
not made within the period as prescribed under Section 73CA of the Act. The cases of
Secretary of the Society shall bring the cases of defaults in payment of the Society charges.
Society's charges to the notice of the Committee for taking further necessary
action.
71. The registration of the Society shall render it a body corporate by the name Incorporation.
under which it is registered, with perpetual succession and common seal and
with power to acquire, hold and dispose of the property, to enter into contracts
and other legal proceedings and to do all such things as are necessary for the
purpose for which it is constituted.
72. The Common Seal of the Society shall be in the custody of the Secretary of the
Society and shall be used under the authority by means of a resolution of the Common Seal.
Committee on the Deeds of conveyance, share certificate or any other
documents, to which the seal is affixed on behalf of the Society, shall be
attested by the Chairman, the Secretary and one Member of the Committee,
authorised by the Committee in that behalf along with their name and
designation.
27
73. The Society shall have a charge on the shares and/or interest of a Member, Charge and set off
present or past, in the capital/property of the Society and upon any dividend, in respect of
bonus or profits, payable to a Member in respect of any charges due from Shares and
such Member or past Member to the Society and may set off any sum interest of a
credited by or payable to a Member, in or towards there payment of such Member of the
charges, as provided under Section 46 of the Act. Society.
74.
a. The Member, person/firm who had purchased the flat under an agreement Flat
under Section 4 of the Ownership Flats Act, or acquired interest in the flat on purchased is
transfer of the same by existing Member with previous permission of the deemed to
Society, shall be deemed to have been allotted the same flat by the Society have been
subject to the terms and conditions set out in the letter of allotment in the allotted.
prescribed form, including subsequent modifications made by the Society
c. Where any Member fails to pay any calls made by the Society under the Cancellation
bye-law No. 74(a), within the time allowed to him by the committee the of allotment
allotment of flat made in his favour, shall stand cancelled and the Secretary of flats.
of the Society, under instructions from the Committee, shall inform the
Member accordingly. Where such cancellation has been made, the flat may
be allotted to other applicant approved by .the committee, if a Member,
whose allotment is cancelled, makes payment of the calls and Committee at
its meeting may consider the matter regarding re allotment of any other flat
to him if it is available for allotment
d. No Member shall be eligible to get possession of the flat allotted to him
unless he has made full payment towards shares, cost of construction, Handing over
repayment of the loan instalments, which have fallen due and/or any other possession of
flats.
charges demanded by the Society, under these bye-laws.
e. No Member of the Society shall use the flat / unit deemed to have been Change of user not
allotted to him under (a) above, for a purpose other than that mentioned permissible without
in the letter of allotment, without the previous consent in writing of the the sanction of the
Committee. Committee.
75.
a. The Society shall cause to undertake the Structural Audit of the building as
Society to carry out follows
Structural Audit.
i. for buildings aged between 15 to 30 years.. .. once in 5 years
ii. for buildings aged more than 30 years .. .. .. once in 3 years
b. Such Structural Audit by Societies which are in Municipal Corporations
limits shall be conducted by approved Engineers from the Corporations
panel. In case of other Societies such structural audit shall be carried by the
Govt. Approved Structural Engineers / Architect, and maintain record
thereof
c. The Society shall undertake to carry out periodical Fire Audit of its property
as per the State Fire Policy, and maintain record thereof
d. The Society shall carry out periodical Inspection of Lifts / Elevators and
maintain record thereof
28
To obtain 76. The committee shall, after getting occupation or completion certificate from
certificate the local authority, scrutinize the allotment register from time to time and issue
of possession from
instructions to the Secretary of the Society to hand over possession of flats to
the allottee
the respective Members who have complied with the provisions of the bye-law
no. 17 / 19.
77.
a. The Society shall in the General Body meeting frame and adopt Parking
Policy for allotment Rules to regulate the Parking slots, in accordance with the Act and Rules
of parking slots there under
b. The allotment of Parking Space shall be made by the Committee on the
basis of "First Come First Served", for available parking slots However the
Member shall have no right to sell or transfer the Parking Slot allotted by the
Restriction on Society.
parking slots c. No Member shall be entitled to utilize more parking slots than that officially
allotted to him by the Society
78. Where any parking slots have been built or open space in the Society's
Marking of
parking slots
compound is available for parking of cars, the Society shall number and
demarcate the stilts and / or the open space in such a way that no
inconvenience would be caused to any of the Members of the Society. The
Committee shall ensure that the space is used by the Members for the purpose
for which it is allotted to them.
79. A Member having a vehicle will be eligible to have parking slot. Normally no
Eligibility for Member shall be eligible for being allotted more than one parking slot. The
allotment of
vehicles may be owned by him or allotted to him by his employer, or the firm of
parking slots.
which he is the partner or the company of which he is the director. If any
parking slots remain unallotted for want of applicants, additional parking slots
may be allotted to such Members who already have a slot allotted to them in
normal course. Such allotment of additional parking slots shall be made on year
to year basis, provided the same are not required by other Members, who have
not been allotted even a single parking slot.
80. In case the number of eligible Members for parking slots is in excess of the
available parking slots, then the Managing Committee shall allot parking slots
on annual basis by fair and transparent process, in concurrence with the
General Body regulations.
81. The Member, desiring to have parking slot, may make an application to the Applications for
Secretary of the Society giving necessary details. The procedure laid down allotment of
under the bye-law No. 64 for disposal of applications, shall be followed by the parking slot.
Secretary and the Committee of the Society.
82. Every Member shall pay the for parking charges for the number of slots allotted Payment of
to him / her at such rate as may be decided by the General Body of the Society charges for
at its meeting, irrespective of the fact whether he actually parks his vehicle or parking of
not. vehicles.
83. Every Member, having a scooter, a motor cycle, or an autorickshaw shall obtain Parking of other
prior permission of the Committee for parking his vehicle in the compound of vehicles.
the Society and pay the charges fixed by the General Body of the Society at its
meeting.
29
XI. GENERAL MEETINGS
84. The First General Body meeting of the Promoters, who have signed the Holding of the first
Application for Registration of the Society, shall be held within the period General Meeting within
of three months of the date of the registration of the Society, as provided the stipulated period.
under Rule 59 of the Rules. It shall be the responsibility of the Chief
Promoter Society to convene First General Body meeting within the stipulated
period.
85. On failure of the Chief Promoter of the Society to hold the First General Calling the first general
Body meeting within the period mentioned in bye-law no 86, the meeting by the
Registering Authority shall cause it to be convened. Registering Authority.
86. Clear fourteen days Notice of the First General Body Meeting of the Period of notice for the
Society shall be given by the Chief Promoter of the Society or as the case first general meeting
may be, by the Officer Authorized by the Registering Authority, to all the
promoters, who have signed the application for Registration of the Society.
.
87.
a. At the First General Body Meeting of the Society, the following Functions of the first
business shall be transacted : General Meeting
i. Election of a President for the meeting,
ii. Admission of new Members (other than the promoters) who have
applied for Membership of the Society.
iii. Receiving and Approving the Statement of Accounts, as prepared by
the Chief Promoter of the Society, as on fourteen days prior to the
date of the First General Meeting of the Society ( ie: as on the Date of
Notice ).
iv. Constitution of a Provisional Committee until regular elections are held
under bye-laws of the Society. The Provisional Committee shall have
the all powers and functions as that of the Committee elected in
accordance with the Act, Rules & Bye-laws.
v. Fixing the limit up to which funds may be borrowed.
vi. Authorising the Committee to secure conveyance of the right, title and
interest in the property in the name of the Society, from the Promoter
Builder,
vii. Appoint internal Auditor of the Society for the year, if necessary and fix
his remuneration.
viii. Authorise One of the Members of the Provisional Committee to call
the first meeting of the Provisional Committee,
ix. Consider affiliation of the Society as Member of the Housing
Federation of the District and other institutions mentioned in bye-law
no. 6,
x. Consider any other matter to be brought before the meeting with the
permission of the Chair, excepting those requiring proper notice.
(I N A D D I T I O N F O L L O W I N G A R E A P P L I C A B L E F O R
P L O T -P U RC H A S E D T Y P E S O C I E T Y )
xi. To review and approve the Report of the Chief Promoter of the
Society regarding the work done and proposed to be done with
reference to the financial and physical aspects of the scheme of
construction.
30
xii. To confirm the agreement for purchase of the plot/building for the
Society entered into by the Chief Promoter of the Society with the
vendors.
xiii. To approve the site plan and the scheme of construction.
xiv. To confirm the appointment of Architect of the Society made by the
Chief Promoter of the Society or to appoint an Architect if no such
appointment is made by the Chief Promoter of the Society or -to
appoint a new architect in place of the one already appointed.
Nomination of a
b. Where the First General Meeting fails to elect a Provisional Committee, the
provisional
committee by the Registering Authority shall be competent to Nominate such a Committee,
Registering including the Chairman and the Secretary of the Society for a period of one
Authority. year.
88. The person, who presides over the First General Meeting shall record the
Recording of Minutes of the Meeting, sign them and hand them over to the Secretary of the
minutes at the first Society elected at the first meeting of the Provisional Committee or nominated
General Mmeeting.
by the Registration Authority under the bye-law no. 87(b).
Handing over 89. The Chief Promoter of the Society shall, immediately after election of the
records by the Office Bearers of the Society, at the first meeting of the Provisional Committee
Chief Promoter of or its nomination by the Registering Authority under the bye-law no. 87(b), hand
theSociety. over to the Chairman of the Society or any Member of the Provisional
Committee authorised by it on that behalf :-
a. all records of the Society, particularly the copy of the application for
registration of the Society, received back from the Registering Authority,
b. the copy of the by-laws of the Society registered by the Registering
Authority,
c. the certificate of registration of the Society,
d. the challans for amounts credited into the bank,
e. the counterfoils of the used cheques and the unused cheques, forms
f. the bank pass books,
g. the copies of all the agreements entered into by him with different parties,
h. the statement of accounts as prepared by him,
i. the applications for Membership,
j. the statement of information of the promoters,
k. the vouchers for amounts expended,
l. the cash balance, if any,
m. the site plan/ the scheme of construction (for plot purchase type)
n. the minutes of the first general meeting of the Society,
o. the files of the correspondence with the Registering Authority, the Local
Authority,
p. and all such other records, also in digital form and assets of the Society
as are in his possession, not withholding anything with him.
q. prepare a documents handover report
90. The Provisional Committee or the Nominated Committee shall have the all Powers of the
powers and functions as the committee duly elected in accordance with the Act, Provisional
Rules & Bye-laws of the Society. Committee.
91. The Provisional Committee or the Nominated Committee shall be in office for a
period of one year or until the regular elections are held under the Bye-laws of
the Society.
92. The Chairman of the Provisional Committee or the Nominated Committee shall Handing over
handover charge of all the assets and documents & papers of the Society to charge by the
the' Chairman of the newly elected Committee at the time of its first meeting, Provisional
Committee.
31
leaving nothing with him/them including the record mentioned under bye-law
no. 89.
When a special 95. A Special General Body Meeting of the Society may be called at any time at the
general body instance of the Chairman or by the decision of the majority of the Committee
meeting should be and shall be called within one month of the date of the receipt or requisition, in
convened.
writing signed by at least 1/5th of the Members of the Society or from the
Registering Authority or from the Housing Federation, to which the Society is
affiliated. The meeting so convened shall not transact any business, other than
that mentioned in the Notice of the Meeting, fixing date, time and place for a
Special General Body Meeting requisitioned.
32
96. The requisition for the special general body meeting of the Society, under the
bye-law no. 95 shall be placed within 7 days of its receipt, before the Meeting of
the Committee, by the Secretary of the Society, for fixing the date, time and
place for the Special General Body Meeting of the Society.
97. The committee shall decide the date, time and place of every General
Notice of a General Body Meeting of the Society and the business to be transacted thereat;
Body Meeting. provided that the business to be transacted at the requisitioned Special General
Body Meeting shall be only that mentioned in the requisition. The notice
convening the General Body Meeting shall be issued by the Secretary of the
Society as provided in Bye-law no. 161. On his failure to issue the notice, the
Chairman shall issue it.
Period of notice of a 98. In case of the Annual General Body Meeting, 14 clear day's Notice and in
general body the case of the special general body meeting, 5 clear day's notice of the
meeting. meeting shall be given to all the Members of the Society, as provided under
Bye-law No. 161, under intimation to the Federation and to the Registering
Authority. In case of an emergency, the Special General Body Meeting may be
called even at a shorter notice, if the Committee unanimously decides to call
the Special General Body Meeting at a shorter notice. The Agenda of such
emergency meeting and the reasons of emergency for which the meeting is
called shall be communicated in writing to all the Members. Also the decision of
such meeting shall be communicated in writing to all the Members, within two
days of such meeting.
Quorum for the General 99. The quorum for every general body meeting of the Society shall be
Body Meeting. 2/3rd of the total number of Members of the Society or 20, whichever is less.
100. If within half an hour after the time appointed for general body meeting of
Holding of the the Society, there is no quorum, the meeting, if convened upon the requisition
adjourned General of the Members, shall be dissolved. In any other case, it shall be adjourned to a
Body Meeting. later hour on the same day and at the same place, as may have been specified
in the notice, calling the general body meeting of the Society or to a subsequent
date, not earlier than 7 days and not later than 30 days and at such adjourned
general body meeting, the business on the agenda of the original general body
meeting shall be transacted, whether there is requisite quorum or not.
101. If all the business on the agenda of the General Body Meeting of the Society
cannot be transacted on the day on which the General Body Meeting is
convened, the meeting shall be postponed to any other suitable date as may be
decided by the Members present at the meeting, however not later than 30
days from the date of the meeting.
Chairman of the 102. The Chairman of the Society shall preside over all General Body Meetings
Society to of the Society, in case if the Chairman is absent or if present and is unwilling to
preside preside, the Members present may elect a person from amongst themselves to
over all General
preside over the meeting.
Body Meetings.
Restrictions
103. No proxy or a holder of power of attorney or letter of authority shall be eligible onattending a
to attend a General Body Meeting of the Society on behalf of a Member of the generalbody meeting
Society. by aproxy.
104. Voting right of a Member and the Associate Member of the Society shall be Voting right of a
regulated in accordance with the provisions of Section 27 of the Act. Member.
105. At the General Body Meeting of the Society, every Active Member of the
Society and in his absence, his Associate Member shall have one vote only. In One Member
One vote.
33
case of equality of votes, the Chairman of the meeting shall have a casting
vote.
106. Unless otherwise specifically provided under the Act, the Rules and the How decisions shall
Bye-laws of the Society, all questions at a General Body Meeting of the be taken.
Society shall be decided by a simple majority of Members present and
voting at the meeting.
107. The committee shall finalise the draft minutes of every general body meeting
Recording of the
of the Society within 3 months of the date of the meeting and circulate the draft minutes of the
minutes amongst all the Members of the Society within 15 days of the meeting general body
of the Committee at which the draft minutes were finalised. The Members of meetings.
the Society may communicate to the Secretary of the Society, their
observations, if any, on the draft minutes, within 15 days of the date of their
circulation. The Committee, at its subsequent meeting, shall prepare the final
minutes of the general body meeting after taking into consideration the
observations, if any, made by the Members on the draft minutes and cause
them to be recorded in the minutes book, by the Secretary of the Society or any
other person authorised in that behalf.
108. No resolution can be brought at a General Body Meeting of the Society, Cancellation of the
cancelling its previous resolution, unless six clear months have elapsed, previous resolution of
the general body
after passing of the previous resolution. meeting.
109. Subjects to the provisions of the Act, the Rules and the Bye-laws of the General body
Society, the final authority of the Society shall vest in its General Body meeting to be the
Meeting, summoned in such manner as is specified in these Bye-laws. supreme authority.
110. The Management of the affairs of the Society shall vest in the Committee Management of the
duly constituted in accordance with the provisions of the Act, the Rules and Society to vest in the
Committee.
the Bye-lawsof the Society.
111. Subject to the direction given or regulation made by a Meeting of The Exercise of powers
General Body of the Society, the Committee shall exercise all powers, by the Committee
expressly conferred on it and discharge all functions entrusted to it under the
bye-law No. 137.
112. A Banking Account shall be opened by the Society in the nearest State or Opening of
District Central Co-op Bank / a Scheduled Bank having awarded “ A “ Audit Banking
Class in last three consecutive years, , Nationalised Bank, and in any other Account. and
mode permitted by general or special order of the State Government, as Investment of
provided under section 70 of the Act and the account shall be operated upon Funds
and all acquaintances and discharges shall be signed by the Secretary jointly
with the Chairman or Treasurer.
34
Strength of the Managing Committee
No of Members Quorum for
Reserved
of the Society General Total Meeting *
Women SC/ST OBC VJ/NT/SBC
Upto100 6 2 1 1 1 11 6
101 to 200 8 2 1 1 1 13 7
201 to 300 10 2 1 1 1 15 8
301 to 500 12 2 1 1 1 17 9
*Quorum for the Meeting will be simple majority of the existing Committee
Members
Election of the
114.
Committee. a. Election of all the Members of the Committee shall be held once in 5 years,
before the expiry of its term, in accordance with the provisions of Sec 73- CB
of the Act and the Rules / procedure framed there under. It shall be the duty
of the Committee to intimate to the State Election Authority for holding of its
election before expiry of its term. On failure the Committee Members shall
cease to hold office after expiry of its term, and attract action by the Registrar
under section 77 A.
b. The Committee of the Society may co-opt two “Expert Directors” relating to
the objects and activities under taken by the Society..The number of such
co-opted Members shall not exceed two in addition to the strength of the
committee as provided in bye-laws No. 113., such co-opted Members shall
not have the right to vote in any election of the Society in their capacity as
such Member or to be eligible to be elected as office bearers of the
committee.
c. The Committee of the Society may co-opt two “Functional Directors”, such
Members shall be excluded for the purposes of counting the total numbers of
the committee and shall have no right to vote.
d. In respect of housing society having contribution of the Government towards
its share capital, then the members of the committee shall include two
officers of the Government nominated by the State Government, which shall
be in addition to the number of members specified as above, and as
provided under section 73 AAA of the Act.
e. The Election of the Society shall be conducted by the State Cooperative
Election Authority under section 73CB
Prohibition against 115. No Officer of the Society shall have any interest, directly or indirectly,
being interested in otherwise than as such officer: ( a ) In any contract made with the Society.( b )
the Society In any property sold or purchased by the Society. ( c ) In any other transaction
of the Society, except as investment made in or loan taken from the Society for
provision of residential accommodation by the Society to any paid employee of
the Society.
116. No person shall be eligible for being elected as a Member of the Committee
or co-opted on it, if :
35
a. he / she has been convicted of the offence, involving moral turpitude, unless
the period of six years has elapsed since his conviction ;
b. he / has defaults the payment of dues to the Society, within three months
from the date of service of notice in writing, served either by hand delivery or
by registered post, demanding the payment of dues ;
c. he /she has been held responsible under Section 79 / 88 / 147 of the Act or
has been held responsible for the payment of the costs of enquiry under
Section 85 of the Act ;
d. In case of an Associate Member, non-submission of the no-objection
certificate and undertaking, as prescribed under these bye-laws, by the
Member ;
e. he is not an Active Member ;
f. he has without previous permission in writing has sublet his flat or part thereof
or given it on leave and license or care taker basis or has parted with its
possession in any other manner or has sold his shares and interest in the
society
118.
a. A person shall cease to be the Member of the Committee, if: Cessation of a
Member of the
i. he has incurred any of the disqualifications mentioned under the byelaw Committee.
No. 116 or ;
ii. he has failed to attend any three consecutive monthly meetings of the
Committee, without leave of absence.
b. If a Member of the Committee attracts any of the disqualifications under Intimation of
the bye-law no. 118 (1), the Committee shall record the fact in the minutes Cessation of
of its meeting and the Secretary of the Society shall inform the Member Membership of
and Registrar accordingly. Such Member shall cease to be the Member of the Committee.
Managing Committee on the order of the Registrar
120. The period of office of the Committee elected under the bye-law No. 114(a) Period of Office of
shall be for 5 years from the date of assuming the office. the elected
Committee.
121.
a. The first meeting of the newly elected jointly with outgoing Committee shall be
First Meeting of held within 30 days from the date of constitution of the new committee as per
new committee.
bye-law No. 117 and the provisions of Section 73AAA.
36
b. Subject to the provisions of the bye-law No. 121(a) the Secretary of the
outgoing Committee shall issue notice of the first meeting to the Members of
the newly elected Committee and the outgoing Committee thereof. On the
failure of the Secretary of the outgoing Committee to convene the joint
meeting, the Chairman of the outgoing Committee shall call it. On the failure
of both, the Registration Authority may call such a meeting.
Custody of the records 122. All records of the Society shall be kept at its premises, convenient to
of the Society. the secretary, with the approval of the Committee of the Society.
123. When the new Committee is elected, the Secretary of the outgoing
outgoing Chairman to committee shall prepare the list of papers and property of the Society in his
handover charge to custody and hand over the charge thereof to the outgoing Chairman. The
new Chairman retiring Chairman shall hand over the charge of the office of the Committee
and all papers and property of the Society, in his possession to the Chairman
of the new Committee, as per provisions contained in Section 160 of the MCS
Act 1960.
Note : The word ‘Paper’ used in this bye–laws and any other bye-laws shall
mean all and / or any items mentioned in the bye-laws nos.141 and 142, and
data / information in digital form
124.
At the first meeting a. Every Committee, at its first meeting, after its election shall elect
New Committee to a Chairman, Secretary and Treasure from amongst the Members of the
.Election New Office Committee.
Bearers
b. The Officer of the Society shall hold office for the period of 5
years from the date on which he is elected to be the Chairman as the
case may be the Secretary and Treasurer but not beyond the expiry of
term of the Committee.
Motion of no Provided that he shall cease to be the Officer, if the motion of No
confidence against Confidence is moved in the special meeting of the Committee called and
office bearers presided by the Registrar or such officer not below the rank of a Assistant
Registrar upon the notice given by 1/3rd Members of the Committee and
the motion of No confidence is passed by the 2/3rd Members present at
such meeting, who are entitled to vote at the election of such Chairman,
Secretary or Treasurer.
Provided further that another motion of No Confidence shall not be
brought against the Chairman or as the case may be the Secretary or
Treasurer of the Society unless the period of 6 months has elapsed from
the date of preceding motion of the No Confidence.
125. The Committee meeting shall be normally held in the premises of the Society.
The quorum for Committee Meeting shall be as mentioned in Bye-law No. 113.
It shall not be competent for the Committee to transact any business unless
there is the quorum at the time of consideration of every item on the agenda of
the meeting of the Committee.
126.
a. The Committee shall meet as often as necessary but at least once in a
month.
b. in case of emergency, the Committee may place a resolutions and get the
same passed by the Committee Members, however the same be placed
before the next subsequent meeting.
37
127. The Committee may fill a casual vacancy on the Committee by nomination out
of a same class of Active Members in respect of which the casual vacancy has
arisen as per section 73 CB and as per the instruction issued by State Co-
operative Election Authority
128. The period of office of the co-opted Member of the Committee shall be
coterminous with tenure of Office of the Committee.
129. A Member of the Committee may, by a letter addressed to the Chairman Resignation of
of the Society, resign his Membership of the committee. The resignation Committee Member of
shall be effective from the date it is accepted by the Committee or on the Society.
expiry or the period of one month from the date of the receipt of the letter
or resignation by the Chairman or the Secretary of the Society, whichever is
earlier.
130.
a. The Chairman of the Society may resign his office as Chairman by a Resignation of office
letter addressed to the Secretary of the Society; bearers of the Society.
131. The Secretary of the Society shall give 3 clear day’s notice of meetings of the
Committee to all the Members of the Committee which shall state the date, time
and place of the meeting and the business to be transacted there at, in
consultation with the Chairman of the Society. Where the Secretary of the
Society fails to issue such a notice and agenda of any meeting of the
Committee, the Chairman of the Society shall issue it. If the Chairman and the
Secretary of the Society fail to issue a notice and agenda of any meeting of the
Committee, the concerned Housing Federation, of which Society is affiliated, on
its receipt of such information and request may call such a meeting.
132. The Chairman of the Society shall preside over all the meetings of the
Committee, provided that if at any meeting of the Committee, he is absent,
those Members of the Committee present shall elect one of them to be the
Chairman, for that occasion, who shall preside over the meeting.
38
133. Every Member of the Committee shall have one vote. However in case of
equality of votes the chairman of the meeting will have a second or casting
vote. All decisions shall be taken by majority of vote.
134. On a requisition by 1/3rd of the Members of the committee, the Secretary of the
Society shall convene a special meeting of the Committee within 7 days of the
date of receipt of the requisition to discuss the matter mentioned in the
requisition to discuss the matter mentioned in the requisition. On the failure of
the Secretary of the Society to convene such a meeting within the time
stipulated the procedure laid down under the bye-laws No. 131 shall be
followed
135. The Secretary of the Society shall attend every meeting of the committee and
record its minutes and place the same for confirmation before the next meeting
of the committee, after the minutes are signed by the Secretary of the Society
and the chairman of the meeting in the absence of the Secretary the Chairman
of the Society shall make alternate arrangement for recording minutes of the
meeting.
136. The Members of the Committee shall be jointly and severally responsible for all
the decisions taken by the committee during its term relating to the business of
the Society. The Members of the committee shall be jointly and severally
responsible for all the acts and omissions detrimental to the interest of the
Society.
137. Subject to the bye - law 111 the Committee shall exercise the powers and
discharge the functions and duties as mentioned hereunder.
39
To fix the rate of insurance premium in respect of
10. 66 a) (xi)
commercial use of flats.
To fix in respect of every flat the Society's charges on the
11. 66 (b)
basis of the proportion laid down under the bye-law 69 (a)
To review the position of recovery of the charges due to
12. the Society from Members and to initiate action against 69
defaulted charges of the Society
To verify compliance of the provisions relating to charging
13. 69
of interest in defaulted charges of the Society
To authorise a Member of the Committee to attest deed of
14. conveyance, share certificates and any other documents 72
to which the seal of the Society is affixed.
To issue letters of allotment of flats to those who have
15. 74
purchased flats from the Promoter (Builder)
To make available papers of the Society for perusal if
16. 23
asked for by the Members
To ensure holding of every annual meeting of the general
17. 93
body are kept on the agenda of the meeting
To ensure that all matters required to be considered at an
18. annual meeting of the general body are kept on the 93
agenda of the meeting
To call a special meeting of the general body when
19. 95
required
To arrange for election of a new
20. Committee prior to the expiry of the period of the existing 114
committee
To ensure that after elections new committee is duly
21. 117
constituted
22. To elect office - bearers of the Society 124
To ensure that a meeting of the committee is held once in
23. 126
a month
24. to fill in vacancies of the Committee 127
25. To consider resignation of a Member of the committee 129
26. To consider resignation of an office bearer of the Society 130
To obtain securities form the paid employees of the
27. 146
Society
To approve the audit rectification reports of statutory and
28. internal audits and to forward them to the authorities 152
concerned
To execute deed of conveyance of the land and building /
29. 153
buildings thereon.
To take steps to maintain the property of the Society in
30.
good condition and to carry out repairs to it and renewals 154 and 157
thereof.
31. To Insure the property of the Society 159
40
To suggest to the general body meeting the rates of
32. penalties for breaches of bye-laws and to issue show 164
cause notices
33 To regulate operation of the lift of the Society 166
34 To suggest to the meeting of the general body the games 167
to be allowed to be played in the compound of the Society
To consider and decide any other matters provided under
the MCS Act 1960, the MCS Rules 1961 and the Bye-laws
35 76 to 83
of the Society,
but not expressly indicated hereinabove
36 To regulate parking in the Society. 77 to 83
To ensure that the Society is affiliated to Housing
37 6
Federation and its subscription is regularly paid.
To take the decision on the complaint application in the
172
38 Managing Committee Meeting and inform the concerned
Member of its decision accordingly.
39 To enter into contract with the Architect of the Society. 156 (f)
To scrutinize the tenders, received for construction work
and to submit the same along with Committee's report to 156 (i)
40
the meeting of the General Body and to enter into contract
with the contractor.
138. The Chairman of the Society shall have the power of overall superintendence,
control and guidance in respect of management of the affairs of the Society
within the frame-work of the MCS Act 1960. Rule 1961 and the Bye-laws of the
Society. In case of any emergency, the chairman of the Society may be
competent to exercise any of the powers of the committee. However, while
doing so he shall record the reasons thereof in writing Any decision, so taken
by the chairman of the Society shall be got ratified in the next meeting of the
Committee.
139. The functions of the Secretary of the Society shall be those mentioned
below :
The Bye-law no. under
Sr.
Items of the Powers, Functions and Duties which the Power,
no
Function or Duty falls
To issue share certificate to Members within the stipulated
1 9 & 10
period and the prescribed manner
To deal with resignations from Members including
2 27 to 30
associate and nominal Members
To enter nominations and revocations thereof in the
3 31
Nominations Register.
4 To inspect the property of the Society. 46 (a)
5 To issue notices regarding repairs to be carried out in flats. 46 (b)(C)
6 To deal with cases of expulsion of Members. 48 to 53
To deal with cases of cessation of Membership including
7 54
associate and nominal Membership.
To deal with the applications for various purposes received
8 63
by the Society.
41
To prepare and issue demand notices/bills for payment to
9 68
the Society's charges.
To bring cases of defaults in payment of the Society's
10 69
charges to the notice of the Committee.
11 To issue letter of allotment of flats. 76 (a)
To issue notices and agenda of all meetings of the general
12 97
body.
To record the minutes of all the meetings of the general
13 107
body.
14
To call the first meeting of the newly constituted committee. 121(b)
15 To issue notices of all the meetings of the Committee. 131
To attend meetings of the Committee and to record minutes
16 135
thereof
17 To attend meeting accounts books, register and other
142
records, unless otherwise decided by the committee.
18 To finalize account of the Society in the required manner 145 (b)
To produce records of the Society before different authority
19 concerned with the working of the Society with the consent 151
of the Chairman.
20 to prepare the audit rectification reports in respect of audit
152
memos received from the Statutory and internal Auditors.
To bring breaches of the Bye-laws by the Members of their 164
21
notices under instructions from the committee and
Penalties there to.
140. The Society shall maintain the following books of accounts, records and
Registers.
1. The Register of Members in "I" form prescribed under Rule 32 of the MCS
rules 1961.
2. The List of Members in 'J' form prescribed under Rule 33 of the MCS rules
1961.
3. The Cash Book,
4. The Genera! Ledger,
5. The Personal Ledger.
6. The Sinking Fund Register.
7. The Audit Rectification Register in 'O' form, prescribed under the MCS
rules 1961.
8. The Investment Register.
42
9. The Nomination Register.
10. The Society / Members Loan Register/Mortgage Register.
11. The Minutes Book for the meetings of the Committee of the Society.
12. The Minutes Book for the meetings of the General Body of the Society.
13. The Property register and furniture, fixtures and office
equipment.
14. The Structural and Fire Audit Register and Lift Inspection
Record
15. The Register of Nominal Members (Tenant occupant)
16. The Register for Active Members
141. The Society shall maintain separate files for the following subjects :
i. Applications for Membership.
ii. Applications for nominal / Associate Membership
iii. Letters of resignations of Membership including associate and
iv. Nominal Membership.
v. Applications for transfer of shares and/or interest in the
vi. Capital /property of the Society.
vii. Cases of expulsion of Members.
viii. Nominations made by Members including revocations thereof.
ix. Separate file for correspondence entered into with each Member.
x. Correspondence with the Co-Operative Registrar.
xi. Correspondence on Property Taxes including Non-agricultural taxes.
xii. Correspondence on common electric supply.
xiii. Correspondence about Conveyance of the property.
xiv. All Types of Agreements, with papers connected thereto.
xv. Approved plans of construction and correspondence thereon.
xvi. Applications tor allotment of parking spaces.
xvii. Vouchers, along with the bills relating thereto arranged in order of entries
in the cash book and the journal.
xviii. Counterfoils of challans for credits of amounts into the bank, arranged in
order of dates of credits.
xix. Counterfoils of cheques issued.
xx. Counterfoils of share certificates.
xxi. Applications for duplicate share certificates.
xxii. Application for registration of the Society, the copy of the bye-laws and
amendments thereto.
xxiii. A certificate of registration fully framed.
xxiv. Counterfoils of receipts or carbon copies of receipts issued by the Society.
xxv. Counterfoils of bills or carbon copies of bills for the Society's charges.
xxvi. Correspondence about loan received and property of the Society
mortgaged.
xxvii. Notices and Agenda of the Meetings of the Committee and general body
of the Society.
xxviii. Periodical statements of Accounts prepared by the Society.
xxix. Committee's annual reports on the working of the Society.
xxx. Audit memos received from the Statutory Auditors, with rectification
reports thereon.
xxxi. Audit reports received from Internal Auditors, with rectification reports
thereon.
xxxii. Papers pertaining to the election of the Committee.
xxxiii. Complaint from Members and correspondence thereof.
Note: The Society shall also maintain separate files relating to other
subjects not expressly indicated above.
43
142. Unless otherwise decided by the Committee, it shall be the responsibility of the
Secretary of the Society to maintain and keep uptodate the Account Books,
Registers and other Records mentioned under the bye-laws Nos. 140 and 141.
143. The Secretary of the Society or the paid employee, authorised by the
Committee in that behalf, may retain in his personal custody, at the close of
every day, a sum, not exceeding Rs. 5,000 (Rupees Five Thousand only),for
petty expenses. If due to unavoidable circumstances, the cash in hand has
exceeded the above limit, the excess cash shall be credited into the bank within
the next three days by the Secretary or any other person authorised by the
Committee to keep cash in hand.
145.
a. Within 45 days of the close of every co-operative year, the Secretary of
the Society or any other person, authorised by the Committee in that
behalf, shall finalise the accounts of the preceding co-operative year,
prepare the Receipts and Payments Statement, the Income and
Expenditure Statement for the said year and the Balance Sheet as at the
close of the said year in the forms prescribed under Rule 62(i) of MCS
Rules 1961alongwith the list of Active Members and Non-Active Members
as at the close of the preceding co-operative year, with amounts to their
credit in the share capital account and deposits, if any, the schedules of
investments, the debtors, the creditors, the furniture, the fixtures and the
office equipments etc.
b. The Society shall prepare and file Annual Returns as prescribed in the Act
& the Rules. The Society shall file Annual Returns on or before 30th
September of every year with the Registrar including the following
matters, namely-
i. Annual Reports of Societies activities.
ii. Societies Audited Statement of Accounts;
iii. Plans for surplus disposal as approved by the General Body of the
Society;
iv. List of amendments to the Byelaws of the Society, if any;
v. Declaration regarding date of holding of its General Body Meeting and
conduct of elections when due;
vi. Any other information required by the Registrar in pursuance of any of
the provisions of the Act.
vii. List of Active and Non-Active Members.
viii. Every Society shall also file a Return regarding the name of the
Auditor or Auditing Firm from a Panel Approved by a State
Government in this behalf, appointed in the General Body Meeting
together with his written consent within a period of one month from the
date of Annual General Body Meeting.
ix. If the Society fails to intimate and file the Returns as provided by
section 75(2A) and section 79(1B), the Registrar may cause Societies
accounts to be audited by appointing an Auditor from the panel of
Auditors.
146. Every paid employee, holding any office in the Society and handling cash
and/or securities of the Society, shall furnish such security, as is provided under
Rule 107B of the MCS Rules 1961.
44
XIV. APPROPRIATION OF PROFITS
147.
a. After providing for the interest upon any loans and deposits and after making
such other deductions as required under Section 65(1) and 66 of the MCS Act
1960 and Rule 49A of MCS Rules 1961, twenty five percent (25%) of the net
profit of all the business carried on by or on account of the Society, shall be
placed at the credit of the Reserve Fund of the Society.
b. The remaining seventy five percent (75%) of the net profit of the Society shall
be utilised as provided under Rule 50, 51, 52, 53 of MCS Rule 1961.
i. To pay dividend not exceeding 15 percent per annum, upon the paid up
share capital at such rate as the Committee may recommend and the
Annual General Body Meeting may approve. The dividend on shares shall
be paid to the registered holders of such shares according to the books of
the Society as on the last day of the preceding co-operative year.
ii. To pay honorarium to office-bearers of the Society not exceeding fifteen
percent (15%) of the net surplus to reward them for the sacrifice of their
valuable time for the working of the Society or as decided by the General
Body Meeting
iii. To allocate to a Common Welfare Fund, such part of the profit as the
Annual Meeting of the General Body may determine, to be utilised in
furtherance of
iv. the objects specified in the bye-law No. 5(d).
v. The balance, if any, shall be carried forward or dealt with in such manner as
the Annual General Body Meeting, on the recommendations of the
Committee, may determine.
148. Subject to the bye-law no. 149, the Society may write off Society's charges due
from the Members, the expenses incurred on recovery thereof and the
accumulated losses, which are certified as irrecoverable by the Statutory
Auditor, appointed under section 81 of the Act.
149. The amounts mentioned in the bye-law no. 148 shall not be written off unless:
a. the meeting of the General Body of the Society has given due sanction for
writing off the amounts;
b. the approval of the financing agency to the writing off of the amounts, if the
Society is indebted to it.
c. the approval of the Registering Authority is obtained.
Provided that, if the Society is affiliated to the District Central Co-
operative Bank or any other financing agency but is not indebted to it the
permission of the Bank or the financing agency is not necessary,
Provided further that, if the Society is classified as A or B at the last
Audit, no such permission of the Bank or the financing agency or the
Registering Authority is necessary, if there is sufficient balance in the Bad
Debt Fund, specially created for the purpose to cover the amount
proposed to be written off.
45
150. Appointment of Auditor.
a. The Society shall appoint the Statutory Auditor in its General Body
Meeting from the panel of Auditors approved by State Govt. and same
Statutory Auditor shall not be appointed for more than two consecutive
years. The Statutory Auditor shall submit his Audit Report as provided in
section 81 of the Act.
b. It shall be the responsibility of the Committee to get the Accounts Audited
within a period of six months from the closure of financial year and in any
case before issuance of Notice of the holding of the Annual General Body
Meeting.
c. The Remuneration of Auditors so appointed shall be decided by the
General Body Meeting of the Society.
d. The Society may, if it considers it necessary, appoint an internal Auditor,
to audit the accounts of the Society, at the Annual General Body Meeting
151. The Secretary of the Society shall produce or cause to be produced all the
books, registers, records before the Internal Auditor and the Statutory Auditor,
in the office of the Society or where the records are normally kept and furnish
such information as may be required by him for the conduct of the Audit of the
Accounts of the Society.
.
152.
a. On receipt of the audit reports from the Statutory and Internal Auditors, the
Secretary of the Society shall prepare draft audit rectification reports on the
objections raised and suggestions made, in the Audit rectification Report in
form '0' prescribed under Rule 73 of the MCS Rules 1961 and place the same
before the meeting of the Committee, held next after the date of the receipt of
the audit reports, for its approval. The Audit Rectification shall be done by the
Committee within three months from the date of audit report. The committee
shall submit Audit Rectification Report to the Registrar and the Annual
General Body Meeting of the Society.
b. If the Committee of the Society fails to submit Audit Rectification Report to the
Registrar and the Annual General Body Meeting, all the Members of the
Committee shall be deemed to have committed an Offence under section 146
of the Act and shall be liable for Penalty under section 147 of the Act.
48
b. The managing Committee of each and every Housing Society shall chalk
out Emergency Planning Scheme, which include below mentioned details
in respect of the Society and the surrounding area. (1) Probability of
danger and analysis thereof. (2) Evaluation of risk in pursuance disaster
management. (3) Response Machinery eg. Police/Fire Brigade/Municipal
council etc.(4) Important Telephone Numbers.
i. Emergency Telephone Numbers of each and every Member.
ii. Telephone Numbers of the officers of the Government Machinery
concerned with the emergency management. The management
committee shall hold discussion with all the Members in the General
Body Meeting over the plan prepared as aforesaid and shall inform
about the same to the Members. The plan such prepared shall be
displayed on the Notice Board of the Society, and the same shall be
made up-to-date from time to time as per the requirement.
iii. As per the Child Labour Act 1986,it is prohibited to employ child
labours for house hold and other works. As per the provisions of the
said Act, if any person/Member is found to have employed child labour
for household work and other work then a punishment of
imprisonment of one year and a fine up to Rs. 20,000/- or both can be
awarded to him. The managing committee of the Society shall display
the said legal provision on the notice board and shall create
awareness in the minds ofall the Members for eradication of the said
evil, child labour practice.
a. The office bearers of the Society shall insure that no Member of
the Society/person /contractors has employed child labour and
shall make arrangement of informing the Labour Commissioner
Office that the Society is totally free from child labour practice.
b. If any Member/ person /contractors is found to have employed
child labour, the managing committee shall inform immediately to
the office of the Labour Commissioner or the nearest Police station
or the concerned voluntary organizations and shall inform to that
effect in writing to the office of Labour Commissioner.
iv. The managing committee of the Society shall take necessary
precaution to see that no injustice is done to any widow in the
cooperative housing Society after the death of a Member before
transferring the flat in her name. In such cases Society shall verify the
nomination form duly submitted by the deceased Member or
succession certificate /heirship certificate obtained from Civil Court
under the Indian Succession Act 1925 or Will of the deceased
Member duly probated by the Civil Court through the executor of the
will. After verifying and taking legal guidance Society then only can
take appropriate action within the time limit to avoid the further legal
complications. This procedure can be followed in all the cases after
the death of a Society Member.
160. No Member of the Society shall destroy, deface or cut down any trees in the
compound of the Society. Any action, any contravention of the above provision
may render the Member concerned liable for action.
50
166. The Committee shall regulate the operation of the lifts, solar water heaters
taking into consideration the convenience of the majority of the Members of the
Society.
167. The meeting of the General Body of the Society may, after taking into
consideration the location of the building or buildings of the Society and their
surroundings and the open space available for playing games by the Members
of the Society and their children, allow such games to be played during such
hours as may be fixed by the meeting of the General Body of the Society and
subject to such restrictions, charges and penalties as it may impose.
168. The Society shall not let out or give on leave and license basis or permit any
subletting, any open space available under the Staircases, Terraces/Open
ground/Lawns/Club house/ Common Hall etc. to any person whether the
Member of the Society or not, for any purpose whatsoever.
a. All open /common area meant for use of all Members for eg. staircase, steps,
landing areas, parking spaces, lift, corridor, and such other spaces, cannot be
occupied by any Member for his own use. The use of such areas shall be
restricted to the cause for which these are meant. Any Member found to be
violating the above condition by encroachment shall have to vacate the
encroachment and further he/she shall pay an amount equal to five times the
monthly maintenance charges per month for the period for which he/she has
encroached such spaces and further Members must not carry out any
constructions, structural changes over and above the sanctioned plan without
prior permission of the Society and Concerned Municipal Authorities /
Competent Authorities.
Also Members must use the flat /unit for purpose it was meant/sanctioned.
Any Member violating the above directives shall pay an amount equal to five
times the monthly maintenance charges, per month with retrospective effect for
the period for which such violation is existed.
169. Notwithstanding the provisions under the bye-law no. 168, the Committee
may allow temporary use of the terrace or available open space of the
Society's building by any Member, on his written application, for any function,
subject to such restrictions and on payment of such charges to the Society as
the meeting of the General Body of the Society may decide. The committee
may, with the previous permission of the Local Authority, if needed, allow
exhibition of advertisement boards on any part of the building including
terrace, on such terms and conditions as are approved by the General Body
Meeting any Member /Members want to install a solar energy water heating
systems or solar energy electrical system, then space shall be made available
to such Member/Members on the terrace as per availability.
(i) Solar collector stand, hot water tank, cold water tank, stand for the
tank and hot water pipeline etc,
(ii) Solar Panels, battery, inverter charging controller, cabling etc. for solar
energy / electricity / photo voltaic devices / renewable energy devices
If any application requesting to provide space for solar / renewable
energy / energy efficiency devices is received, then it shall be
51
binding on the Society to allocate space thereof as per the
availability of the space in the Society’s premises.
170. The Member of the Society, requiring copies of the documents shall pay
copying fees and other charges at the rates mentioned against them :
1. Certified copy of the Approved Bye-laws of the Society Rs5/- per page
2. Amendment of the Bye-laws of the Society Rs 5/- per page
3. Last Audited Balance Sheet of the Society Rs 10/- per page
4. Application for Membership of the Society Rs.25/-
52
v. Non registration of Nomination by the Society,
vi. Non Occupancy charges,
vii. Demand of excess premium for transfers,
viii. Non supply of the copies of record and documents,
ix. Tampering, suppression and destruction of the records of the Society,
x. Non acceptance of the cheques or any other correspondence by the
committee.
xi. Non maintenance or incomplete maintenance of records and books of the
Society,
xii. Non preparation of the annual accounts/reports, within the prescribed
period,
xiii. Misappropriation/ Misapplication of the Funds of the Society,
xiv. Defaulter/Disqualified Member on the committee,
xv. Investment of Funds without prior permission of G.B.M.
xvi. Reconciliation of Accounts,
xvii. Audit, Audit Rectification reports.
xviii. Non conducting of election before expiry of the term of the Committee as
per law.
xix. Rejection of Nomination,
xx. Non convening of General Body meetings within prescribed period on or
before 30th September of each year
xxi. Non calling of Managing Committee meeting as prescribed in Bye-laws,
xxii. Resignation by the Committee,
xxiii. Any other like matters which falls within jurisdiction of the Registrar.
xxiv. Non filling of Returns and statements.
xxv. Classification as Active and Non-Active Members
b. CO-OPERATIVE COURT
Disputes between the Members and/or the Members and Society, which
falls under Section 91 of the MCS Act 1960 such as:-
Disputes pertaining to:-
i. Resolutions of the Managing Committee and General Body.
ii. The elections of the Managing Committee, except the Rejection of
Nominations, as provided under section 152-A of the MCS Act 1960.
iii. Repairs, including Major Repairs, Internal Repairs, Leakages,
iv. Parking,
v. Allotment of Flats/Plots,
vi. Escalation of Construction Cost,
vii. Appointment of Developer/Contractor, Architect,
viii. Unequal water-supply,
ix. Excess recovery of dues from the Members,
53
x. Any other, like, disputes which fall within jurisdiction of the Co-operative
Court.
c. CIVIL COURT
Disputes pertaining to :-
i. Noncompliance of the terms and conditions of the Agreement, by and
between the Builder/developer, (specific performance)
ii. Substandard Constructions,
iii. Conveyance Deed in favour of the Society,
iv. Escalation of construction cost,
v. Any other, like, disputes which fall within jurisdiction of the Civil Court.
e. POLICE
Matters pertaining to :-
i. Nuisance carried by the Unauthorised user of the Flat / Shop / Parking
slot / Open space in the Society, by the Members, builder, occupants or
any other persons,
ii. Threatening / Assault by or to the Members of the Society and official
body.
iii. Any other like matters which fall within jurisdiction of the Police.
55
INDEX OF LIST OF APPENDIX WITH HOUSING SOCIETIES BYE LAWS
APPENDIX 1
The form of application for Membership of the Society by a Nominee/ Heir, who is a minor, through
his Guardian/ Legal Representative
APPENDIX – 2
The Form of application for membership of the Society by an individual
APPENDIX 3
A Form of undertaking to be furnished by the Prospective Member to use the flat for the purpose
for which it is purchased.
FORM NO. 4
A Form of undertaking to be furnished by the person, on whom the prospective Non Earning
Member is dependent for discharge of liabilities to the society.
APPENDIX 5
The Form of application for Associate Membership by an Individual, Who desires to hold shares
jointly with Member , who is already admitted to membership of the Society
APPENDIX 6
The Form of application for Associate Membership by a Firm, or a Company or any other Body
Corporate with the person already admitted to membership of the Society.
APPENDIX 10A
No Objection Certificate and Undertaking from the Original Member to be submitted by the
Associate Member intending to be a Member of the Managing Committee of the Society
APPENDIX 11
The Form of application for Nominal Membership by the sub‐lettee the Licensee or the Caretaker
or Occupant
APPENDIX12
Form of Letter of Allotment of the flat to the member of the society
APPENDIX 13
The Form of Notice of Resignation of Membership of the society by a member
APPENDIX 14
FORM OF NOMINATION TO BE FURNISHED IN TRIPLICATE
APPENDIX 15
The Form of application for Membership by the Nominee/Nominees
APPENDIX16
The Form of Notice, inviting claims or objections to the transfer of the shares and the interest of
the Deceased Member in the Capital/ Property of the society.
APPENDIX18
FORM OF INDEMNITY BOND,
APPENDIX19
FORM OF INDEMNITY BOND
APPENDIX 20 (2)
A form of the letter of consent of the proposed Transferee for the transfer of the shares and
interest of the member (Transferor) to him ( Transferee).
APPENDIX 20 (I)
A form of Notice of, intention of a member to transfer his shares and Interest in the capita!
/property of the Society.
APPENDIX NO. 21
Form of application for transfer of shares and interest in the capital/ property of the society by the
transferor (being an individual)
APPENDIX NO.22
56
Form of application for transfer of shares and interest in the capital/ property of the society by the
transferor. (Being a Corporate Body)
FORM NO. 23
Form of application for membership of the society by the Proposed transferee. [being an individual]
APPENDIX NO. 24
Form of application for membership of the society by the proposed transferee (Being a Body
Corporate)
APPENDIX25(1)
A form of undertaking about the registration of the transfer of a flat under Section 269 AB of the
Income ‐ Tax Act.
APPENDIX 25(2)
Form of Undertaking about the registration of the acquisition of a flat under section 269 AB of the
Income‐Tax Act.)
APPENDIX 26
A form of intimation by the society to the transferee about exercise of rights of membership by
him.
APPENDIX 27
Form of application for permission to hold more than one flat.
APPENDIX 28
Form for filing Grievance by Member with the Registering Authority
57
APPENDIX - 1
[Under the Bye-law No. 17(b)]
The form of application for Membership of the Society by a Nominee/ Heir, who is a minor,
through his Guardian/ Legal Representative
To,
The Secretary
… ….. …… …. …… ….. Co-operative Housing Society Ltd.
… ….. …… …. …… ….. … ….. …… …. …… ….. … ….. …… …. …… …..
Sir,
Shri/ Shrimati/ Messers …… …….. ……….. …….. who was the member of the….. ….. …… …….. ……..
Co-operative Housing Society Ltd., having address at ………. ……… ……… …………. holding ten
shares of Rs. Fifty each and the Flat No ……… ……… died on His/her death certificate is enclosed.
He/She had nominated Shri/Shrimati ………. ……… who is minor/ He had not made nomination. His/
Her heir Shri/ Shrimati ………. ………… is a minor.
I, Shri/Shrimati …………. ………. …………. being his/her natural guardian/ guardian appointed by the
deceased member/ legal representative hereby make an application on behalf of the said minor for
membership of the …………. ………. …………. Co-operative Housing Society Ltd., having address
at…………. ………. …………. …………. ………. …………. and for transfer of shares and interest of
the deceased member in the capital/ property of the society to me on behalf of the minor nominee/ heir
as provided under Rule 20 of the Maharashtra Co-operative Society Rules, 1961. The share certificate
held by the deceased member is enclosed.
An entrance fee of Rs. 100/- is sent herewith.
The particulars of the plot/ flat/ house in the area of operation of the society owned by the minor
nominee heir or any of the membership of the minor's family or the person dependent on the minor are
given below: -
Sr Name of the minor nominee or heir Particulars regarding plot/flat/ Place where
no. of his/her family member or the house owned by the minor nominee/heir or plot/flat/house
person dependent on the minor. any of the members of the minor's family situated
or the person dependent on the minor
1 2 3 4
Yours faithfully,
Place: Date :
(Nominee — Heir who is a minor)
(Through his Guardian / Legal Representative)
Note:
The undertaking about registration of the transfer of the flat is not necessary where the minor is related
to the deceased member within the meaning of Section 2(41) of the Income-Tax Act.
*Strike out whichever is not applicable.
59
APPENDIX – 2
[Under the Bye-law Nos. 19 (B) and 62 (v)]
To,
The Chief Promoter/ Secretary
………… ………… …………. Co-operative Housing Society
Sir,
I, Shri/ Smt. …. ……. …… … ….. …… ……. hereby make an application for membership of the ….
……. …… … ….. …… ……. Co-operative Housing Society Ltd.,
I intend to settle down and reside in the area of operation of the Society.
Age :
Occupation :
Monthly Income : Rs.
Office Address :
Residential Address :
I have purchased the flat No. …. ……. …… ……. in the building, named numbered as …. ……. ……
……. admeasuring …. ……. …… ……. sq. meters from the Promoters (Builders) or Shri / Shrimati /
Messrs…. ……. …… ……. under an agreement under Section 4 of the Ownership Flats, Act a copy of
which, duly attested is enclosed.
I declare that the said agreement is duly stamped as required under Bombay Stamp Act-19 as to
registration, the copy of which is enclosed.
OR
I give below the particulars of the Plot/ flat/ house owned by me or by any of the members of my family
or the person dependent on me in the area of operation of the society :
60
Sr. Name of Particulars of the plot / Flat / house Location of Reason as to why it
No. the owned by the applicant or any of the the plot/flat is necessary to
person members of his family or the person house have a flat in this
dependent in the area of operation of society.
the Society.
1 2 3 4 5
I remit herewith a sum of Rs. 500 /- towards value of 10 shares of Rs. 50 each and Rs. 100 for entrance
fee.
I undertake to discharge all the present and future liabilities to the society.
OR
As I have no independent source of income, I enclose herewith the undertaking, in the prescribed form
the person, on whom I am dependent to the effect that he will discharge all the present and future
liabilities to the society on my behalf.
I undertake to use the flat for the purpose for which it is purchased by me and that any change of user
will be made with the prior approval of the Society. An undertaking to that effect in the prescribed form is
enclose herewith.
I have gone through the registered Bye-law of the society and undertake to abide by the same and any
modification the Registering Authority may make in them.
Yours Faithfully,
Attested by,
Chief Promoters / Chairman
The expression “a member of family” means as defined under bye-law No. 3 (xxv).
61
APPENDIX -3
[Undertaking the Bye-laws Nos. 17(b) and 19(A)(iv)]
A Form of undertaking to be furnished by the Prospective Member to use the flat for the purpose for
which it is purchased.
I …… ……… …….. of …………, Indian Inhabitant, residing at …… ……… …….. Co-operative Housing
Society Ltd., …… …… …….. Mumbai …… ……… …….., intending member of the …… …… …….. Co-
op Housing Society Limited having address at, …… ……… …….. Mumbai …… ……… …….. hereby
give the undertaking that I will use the Flat No. …… ……… …….. inherited by me, on demise of my late
husband Shri …… ……… …….. the earlier member, under the bye-laws of the society for the purpose
mentioned in the letter, which will be issued under bye-law No. 76(a) of the bye-laws of the society,
registered.
I further give the undertaking that no change of user will be made by me without the previous
permission, in writing of the committee of the society.
…… ……… ……..
(Signature)
Place : Mumbai
Date :------------
62
FORM NO. 4
[Under the Bye-law No. 19 (A) (v)]
A Form of undertaking to be furnished by the person, on whom the prospective Non Earning Member is
dependent for discharge of liabilities to the society.
To,
Sir,
Shri/ Smt. …… …… …. has made an application for membership of the … …… … …… …… …. Co-operative Hous
Society Ltd having address at …… …… …., Mumbai …… …… .... He/ She has no independent source of income a
dependent on me. I therefore, undertake to discharge all the liabilities, present and future, payable by her/his on her/
admission to membership of the society on her/his behalf as communicated to me directly or through her/him from tim
to time, by the Society. On failure of such discharge in respect of dues, I shall also be liable for recovery u/s 101 of th
MSC Act 1960, along with the said member who is dependent on me.
My details are given below :-
1.Name :- Shri/ Smt. … …… …… …. … …… ….
2.My Residence Address :- … …… …. … …… …… …. … …… ….
3.My Office Address :- … …… …. … …… …… …. … …… ….
4.Contact details :- … …… …… ….… …… …… ….… Occupation :- … …… …… ….… …… …
….… ……
Name and Full Address of the employer :-
… …… …. … …… …… …. … …… …… …. … …… …… ….
Monthly Income :-Rs… …… …… …./-
Place :-
Date :- Yours faithfully,
63
APPENDIX- 5
[Under the Bye -law Nos. 19B & 19C]
The Form of application for Associate Membership by an Individual, Who desires to hold shares jointly
with Member , who is already admitted to membership of the Society
To,
The Secretary,
…… …… … ….Co-op. Housing Society Ltd.,
address ... ... ... ... ...
Sir,
Shri/Shrimati ……. …….. ……… ……….. ……… Is already a member of the ……. …….. ………
……….. ……… Co- operative Housing Society Ltd., having address at……. …….. ……… ………..
……… holding ten fully paid shares of Rs. Fifty each.
He/ She desires Shri / Shrimati ……. …….. ……… ……….. ……… to join him /her as an
Associate member for the purpose of holding the shares jointly with the applicant Shri / Shrimati …….
…….. ……… ……….. ……… in respect of flat no .. .. ... in building name .. ... ... .......... ........ ..... in the
.... ..... .... Co- operative Housing Society Ltd
According, I make this application for admitting me the applicant as an Associate member to
Shri/Shrimati ……. …….. ……… ……….. ……… And remit herewith the entrance fee of Rs. 100.
I state that I have purchased / own property jointly with the First Member, being flat no ... ... ...
in the Society, vide registered deed / title documents no ... ... ... ... dt ... ... ..,
OR
I state that do not jointly own or have joint title to the property with the above mentioned First
Member
On my/our admission as an Associate member by the society, we shall be jointly and severally
liable to discharge the present and future liabilities of the society.
The right of attending general body meeting and voting at them will ordinarily be exercised by
Shri/Shrimati ……. …….. ……… ……….. ……… whose name stands first in the share certificate. The
name of Shri/Shrimati ……. …….. ……… ……….. ……… shall stand second in the share certificate and
he/she (the Associate member) shall have no rights or privilege of a member, except attending general
body meeting of the society and voting at them, provided that the member whose name stands first in
the share certificate is absent at such meeting other than mentioned in section 27 of MCS Act, 1960.
I/We request you to admit me/us as an Associate member and include my name as an associate
member in the share certificate below the name of the first member.
The consent of the member for my/our admission as an Associate member is appended here
below.
Yours faithfully
Place :-
Date :-
I, Shri/ Shrimati ……. …….. ……… ……….. ……… a member of the ……. …….. ……… ……….. ………
Co- operative Housing Society Ltd., having address at……. …….. ……… ……….. ……… and holding
ten paid up shares of Rupees fifty each recommend the application made by Shri/ Shrimati……. ……..
……… ……….. ……… for Associate membership of the Society for the purpose of holding the shares
jointly on terms and conditions set out in the above application. The name of Shri/ Shrimati……. ……..
……… ……….. ……… be added in the share certificate (enclose herewith), after my name. Signature of
64
the First Member
Place : Date:
APPENDIX 6
[Under the Bye-law No. 19(B)]
The Form of application for Associate Membership by a Firm, or a Company or any other Body
Corporate with the person already admitted to membership of the Society.
To,
The Secretary,
………………… Co-operative Housing Society Ltd.,
Sir,
We hereby declare that we are eligible for membership of the society as provided under bye-law No. 18.
We hereby submit the Article of Association & Memorandum of Association &Company Registration Certificate.
I, Shri / Shrimati………… ………… …… ……………… ……………..a member of the ………………… ……… ………
…… …….Co- operative Housing Society Ltd., having address
at………………………………………………………………….and holding five fully paid up shares of Rupees fifty each
recommend the application made by M/s………… ……… ………… ………… ……… …….. for associate membership
with me for the purpose of holding the shares jointly on terms and conditions be added in the share certificate(enclose
herewith), after my name.
Place :
Date:
65
APPENDIX 10A
[Under the Bye-law No. 116(d)]
No Objection Certificate and Undertaking from the Original Member to be submitted by the Associate
Member intending to be a Member of the Managing Committee of the Society
To,
The Chairman,
…………………………… Co-operative Housing Society Ltd.,
……………………………
Dear Sir,
Yours faithfully,
66
APPENDIX 11
[Under the Bye-laws Nos. 20 and 43(2)(1)]
The Form of application for Nominal Membership by the sub-lettee the Licensee or the Caretaker or
Occupant
To,
The Secretary
………………………..Co- operative Housing Society Ltd.,
………………………...
Sir,
Shri/Shrimati/Messrs ………. ………… ……… ……… I have entered into an agreement as per
copy enclosed, with Shri/Shrimati ………. ………… ……… ……… and holding Flat No. ……….
………… ……… ……… in the building of the Society, for sub-letting / giving on caretaker basis/leave
and licence basis the said flat/pat of the said flat.
I/We request you to admit me/us as a nominal of the society.
I/We remit herewith the entrance fee Rs. 100/-
I/We are aware that being a nominal member, I/We have no rights or privileges of a member and
cannot claim any share in any form in the profit or assets of the society.
I/We undertake to vacate the flat/ part of the peacefully immediately on expiry of the period of
agreement or the extended period.
I/We have gone through the bye-law of the society and undertake to abide by them with any
modifications, the Registering Authority may make in them. I/We hereby undertake that we shall be
liable for the payment of all the outgoing of the society.
The consent of Mr. ………. ………… ……… ……… for my/our admission as a nominal member
of society is given below.
Yours faithfully,
Licensee/ Caretaker.
I , Shri/ Shrimati ………. ………… ……… ……… a member of the ……………… Co-operative Housing
Society Ltd., ………. ………… ……… ……… give my consent for Mr. ………. ………… ……… ………
to be admitted as a Nominal Member of the Society.
67
APPENDIX-12
(Under the Bye-laws No. 24 and 74 (a))
Form of Letter of Allotment of the flat to the member of the society.
To,
Shri. / Shrimati/ Messers ……. …….. …….. ……….
……… ………. ………. ………. ………. …………
……… ………. ………. ………. ………. …………
Sir,
1. You are the member of the ………. ………. ………. Co-operative Housing Society Limited (
Registration Number ………. ………. ………. dated,) having address at ………. ………. ………. ……….
………. ………. registered or deemed to be registered as per the provisions of Maharashtra Co-
operative Societies Act, 1960 by the Assistant Registrar/ Deputy Registrar/Joint Registrar of Co-
operative Societies.
2. You have purchased the Flat No ………. ………. ………. Admeasuring ………. ……….
………. Sq.mtrs., Constructed in the building No………. ………. / known as ………. ………. ……….
………. ………. ………. constructed on the plot No ………. ………. ………. Admeasuring ……….
………. ………. . sq.mtrs. The said flat is deemed to have been allotted to you under Bye-law No.76(a)
of the bye-laws of the society. The flat admeasuring ………. ………. ………. sq.mtrs. in the building No
………. ………. ………. of the society known as ………. ………. ………. constructed on the plot
admeasuring ………. ………. ………. Sq.mtrs. Stands allotted to you under the provision of Bye-law
No.76(a) of the bye-laws of the society on transfer of interest in the said flat by Shri/ Shrimati to you as
approved by the Committee/ General Body Meeting of the society held or
3. You may enjoy the right of occupation of the said flat / plot under the provisions of the Bye-
law No. 24(a) of the bye-laws of the society.
4. So long as the said Flat / Bungalow stands in your name in the records of the society, your
right of occupying the flat / plot shall be subject to the following provisions in the bye -laws of the society
that is to say sub-letting, giving on leave and licence m care- taker basis the said flat or part of the plot
of parting with the possession of the flat /plot in any other manner, maintenance of the flat by the
member and repairs to it additions and alterations in the Flat / Bungalow, avoiding any kind of nuisance,
annoyance or inconvenience to other members of the society, stocking or storing of any kind of goods
or materials, which are combustible, obnoxious or other goods for the storing of which permission of the
authority, under any law, relating thereto is necessary restrictions on holding more than one Flat /
Bungalow, payment of charges of the society, transfer of shares held by you and your interest in the
capital/ property of the society, use of the flat / plot for the purpose for which the same has been given
as mentioned in para 5 below, change in user and any other conditions laid down under the provisions
of the Bye-laws of the society or these bye-laws, but not specifically mentioned hereinabove.
5. The Flat/ Bungalow allotted to you shall be used only for the purposes mentioned below.
(State here the purpose for which the fla / plot in question allotted/ is deemed to have been allotted.)Any
breach/breaches of the provision of the bye-laws of the Society which are considered by the Managing
Committee of the Society as serious nature shall render you liable for expulsion from membership of the
Society and consequently eviction from the flat/ plot.
Yours faithfully,
Place :-
Date:- Secretary/Chairman
68
APPENDIX - 13
[Under the Bye-law No.27(a)]
69
APPENDIX 14
[Under the Bye-law No.31]
To,
The Secretary
………………………..Co-operative Housing Society Ltd.,
………… …… ……….. …………… …………..
Sir,
1.I/We/Shri/Shrimati/Messrs ……… …… … ……… …… …… ……….. are a member of the
…… …… …… ……… ………Co-operative Housing Society Ltd, having address at ……… ……… …
…… … …… …………
2.I hold the share certificate no. . …. …….. . ….. dated … . . . . . . . fully paid up shares of
Rupees fifty each, bearing number from….. ……… to …….. ……. (both inclusive), issued by the said
society to me.
3.I also hold the Flat No…… ……… admeasuring ……. ……….. sq. metres, in the building of
the said society, known*numbered as …….. ………
4.As provided under Rule 25 of the Maharashtra Co-op. Societies Rules, 1961, I hereby
nominate the person/s whose particulars are as given below,
5.As provided under Section 30 of eh Maharashtra Co-operative Societies Act, 1960, and the
Bye- laws No. 36 of the Society, I state that on my death the Shares mentioned above and my interest
in eh flat, the details of which are given above, should be transferred to Shri/ Shrimati… … …… ……
…… …the first named nominee, on his/her complying with the provisions of the Bye-laws of the society
regarding requirements of admission to membership and on furnishing *Indemnity Bond, alongwith the
application for membership, indemnifying the society against any claims made to the said shares and
my interest in the said flat by the other nominee/nominees.
6.As the nominee at Sr. No… …… …… …… …is the minor. I hereby appoint Shri/Shrimati…
… …… …… … … ……… …… .as the guardian/legal representative of the minor to represent the
minor nominee in Matters connected with this nomination.
Witnesses
Name and Addresses of Witnesses
70
(1)Shri/Shrimati…………………. (1) Signature of the Witness
Address……………………….
………………………………..
(2)Shri/Shrimati…………………. (2) Signature of the Witness
Address……………………….
………………………………..
Place:
The nomination was placed in the meeting of the managing committee of the society held on
…………….. for being recorded in it minutes.
The nomination has been recorded in the nomination register at Sr. No……………...
Date:
The Hon. Secretary
………Co.op. Housing Society Ltd.
71
APPENDIX 15
[Under the Bye-laws Nos. 33]
To,
The Secretary
………………………..Co- operative Housing Society Ltd.,
………………………...
………………………...
Sir,
I/We Shri/Smt./Messrs …… …… … …… …… hereby make an application for membership of the
…… …… … …… …… Co-operative Housing Society Ltd …… …… … …… …… and for transfer of
shares and interest of Shri/Shrimati…… …… … …… …… Deceased member of the society, in the
capital/ property of the society.
Shri/Shrimati …… …… … …… …… was a member of the society holding …… …… … …… ……
shares of Rs. fifty each and Flat No. …… …… … …… …… in the society’s building.
Shri/Shrimati…… …… … …… …… the deceased member of the society died on…… …… … ……
…… A copy of the death certificate of the said member is enclosed.
The late Shri/Shrimati…… …… … …… …… the deceased member of the society had nominated
me/us under Rule 25 of the Maharashtra Co-operative Societies Rules, 1961.
Being the only nominee/ authuorised nominees as per nomination filed with the society by the
deceased member, I/We am /are entitled to make an application for membership of the society and fro
transfer of shares and interest of the deceased member in the capital/property of eth society to my/ our
name.
I/We have executed the Indemnity Bond in favour of the society indemnifying it against any claim
made at any subsequent time by other nominee/ nominees to the shares and interest of the deceased
member in the capital / property of the society. The said Indemnity Bond is enclosed herewith.[Appendix
18(1)]
I/We remit herewith an amount of Rs. 100 as entrance fee My particulars for the purpose of
consideration of my application for membership of the society are as under:
Age : ………………………….
Occupation : ………………………….
Monthly Income : Rs………………………
Office Address : …………………………
Residential Address : …………………………
I/We enclose herewith the undertaking and declaration, in the prescribed forms, in respect of the
registration of transfer of the resignation of transfer of the flat to my/our name under Section 269AB of
the Income-Tax Act.
I/We undertake to discharge the present and future liabilities to the society/ As I have no
independent source of income, I enclose herewith the undertaking in the prescribed form from the
person, on whom I am dependent to the effect that he will discharge all the present and future liabilities
to the society on my behalf. I/We have got understood one through the bye-laws of the society and
undertake to abide by the same and any modifications that the Registering Authority may in them.
I/We request you to please admit me/us a member of the society and transfer the shares and
interest of the deceased member in the capital / property of the society to my/ our name. The share
certificate held by the, deceased member is enclosed herewith.
Your Faithfully,
Place………………..
Date………………..
Note (1) The expression “a member of a family” means as defined under bye- law 3(xxv).
(2) The undertaking about registration of the flat is not necessary if the nominee is related to the deceased member within
the meaning of Section 2(41) of the Income-tax Act.
72
APPENDIX-16
[Under the Bye-law No. 34]
The Form of Notice, inviting claims or objections to the transfer of the shares and the interest of the
Deceased Member in the Capital/ Property of the society.
73
APPENDIX-18
(Under the Bye-law Mo. 34)
I, Shri/Shrimati ………… ……….. residing at ………… ……….. anIndian inhabitant state as under:
2. Shri/Shrimati ………… ……….. residing at ………… ……….. was the member of the …………
……….. ………… ……….. Co-operative Housing Society Ltd, having address at ………… ………..
He/She was holding Share Certificate No ………… ……….. for ten fully paid up shares of rupees fifty
each, bearing distinct numbers from ………… ……….. to ………… ……….. (both inclusive).
3. The said Shri/Shrimati ………… ……….. was holding the flat / tenement No. ………… ……….. on
………… ……….. floor, in the building known as; or in the building No. of the society constructed on the
plot of land, bearing No situated at ………… ……….. ………… ………..
4. The said Shri/Shrimati………… ……….. ………… ……….. had nominated the following persons
under Rule 25 of the Maharashtra Co-op Societies Rules, 1961
i) Shri/Shrimati ..............................................................................
ii) Shri/Shrimati ..............................................................................
iii) Shri/Shrimati ..............................................................................
iv) Shri/Shrimati ..............................................................................
5. I am duly authorised by the above nominees to make an application *':-membership of the
society. My name appears first in the said nomination Letter
I further declare and undertake to bear all expenses, costs, charges in respect of any such claim,
demand, suit and/or legal proceedings which may be filed by other nominee/ nominees either lawfully
and/or equitably claiming through the said deceased member of the society.
9. I am fully aware of the fact that the society admits me as its member in place of the said
deceased member of the society only on the basis of the indemnity and undertaking furnished by me.
Signature of applicant
Place :
Date :
Signature of nominees other than applicant
1) .............................................................
2) .............................................................
3) .............................................................
Witnesses :-
74
APPENDIX-19
[Under the Bye-law No. 35]
75
Appendix -20 (2)
( Under the Bye-law No.37 (a))
A form of the letter of consent of the proposed Transferee for the transfer of the shares and interest of
the member (Transferor) to him ( Transferee).
To,
The Secretary,
…… ……. ……. Co-operative Housing Society, Limited.
…… …….…… …….…… ……. …… …….…… …….
Sir,
Shri/Shrimati/ M/s ……….. …………. ………. are the members of …….. ………. Co-operative Housing
Society Ltd. Proposes to transfer his / her / their shares and interest in the capital/property of the society
to me/us. I/We hereby give my/our consent for the transfer of shares and interest of Shri/ Smt./M/s.
………. …….. in the capital /property of the society to me/us as required under Rule 24(1) (b) of the
Maharashtra Co-operative Societies Rules, 1961.
My/our name and address is as under.
Yours faithfully.
(Transferee)
Place:
Date :-
76
Appendix - 20 (I)
( Under the Bye-law No.37 (a))
A form of Notice of, intention of a member to transfer his shares and Interest in the capita! /property of
the Society.
To,
The Secretary,
...................................... Co-operative Housing Society, Limited.
Sir,
l/We Shri/Shrimati/M/s …….. …… ……… ……. Are the member of ……… ……….. Co-operative
Housing Society Ltd. Having address at ……… ………and are holding Ten /Twenty fully paid up shares
of Rs.50/-, bearing distinctive numbers from …….. …… ……… ……. to …….. …… ……… …….
(both) inclusive) and are holding the flat / tenement no. …….. …………. in the building no …….. ……
……… ……. of the society, and hereby give you notice as required under Rule 24 of the Maharashtra
Co-operative Societies Rules, 1961, as under.
I/we Shri/ Shrimati / M/s ……….. …………… ……….. intend to transfer my/our shares and my/our
ownership right, title and interest in the capital in the flat / tenement in the building of the Society, and
my/our interest in the property of the society to Shri. /Shrimati/ M/s
........................................................................... for a consideration of Rs ……….. …………… ………..
The consent of the transferee is enclosed.
Yours faithfully,
(Transferor)
Place:-
Date :-
77
Appendix No. 21
(Under the Bye - law No. 37 (e) (i))
Form of application for transfer of shares and interest in the capital/ property of the society by the
transferor (being an individual)
To,
…… ……. …….. Co-operative Housing Society Ltd.
…… ……. …….. …… ……. …….. …… ……. ……..
Sir,
1. I Shri/Shrimati …… ……. …….. …… ……. am the member of …… ……. …….. …… ……. Co-
operative Housing Society Ltd., having address at and holding share certificate No …… ……. ……..
…… ……. for ten fully, paid up shares of Rupees fifty each, bearing distinctive numbers from …….. to
………(both inclusive) and holding Flat / Tenement No …… ……. …….. …… ……. admeasuring
……… sq. mtrs in the building of the society, numbered / known as
2. I had given you notice of my intention to transfer the said shares and my interest in the
capital / property of the society on as required under Rule 24 (1) (b) of Maharashtra Co-operative
Societies Rules, 1961 along with the consent of the proposed transferee Shri / Shrimati / Ms …… …….
…….. …… …….
3. I enclose herewith the application in the prescribed form for membership of the said society
by the said proposed transferee .
4. I remit here with the transfer fee of Rs. 500/- (Rupees Five Hundred only ) I alsc
remit herewith the amount of the premium of Rs …… ……. …….. …… ……. (Rupees …… ……. ……..
…… ……. only) as provided under bye-law No. 38 (e
(ix) of the bye laws of the society.
4. I state that the said shares and interest in the capital /property of the said society
Yours faithfully,
Place :-
Date :-
78
APPENDIX No.22
(Under the Bye law No. 37(e) (i))
Form of application for transfer of shares and interest in the capital/ property of the society by the
transferor. (Being a Corporate Body)
To,
The Secretary,
……… ……… ………Co-operative Housing Society Ltd.
Sir,
1. I We/M/s. ……… ……… ……… are the member of ……… ……… ……… Co-operative Housing
Society Ltd, having address at ……… ……… ……… and holding share certificate No. …….
……….. ………. for Twenty fully paid up shares of Rupees Fifty each bearing distinctive numbers from
…. ……. To …….. ….. ( both inclusive) and holding Flat/ Tenement No. …… ……. Admeasuring ……
…… sq. mtrs. in the building of the society, numbered/ known as ……… ………
2. We had given you notice of my intention to transfer the said shares and our interest in the capital /
property of the society on ................. as requited under Rule 24 (1) (b) of Maharashtra Co-operative
Societies Rules, 1961 along with the consent of the proposed transferee Shri/ Shrimati/ M/s. ……. ……
………
3 We enclose herewith the application in the prescribed form for membership of the said society by the
said proposed transferee named in the notice referred to above.
4.We remit herewith the transfer fee of Rs. 500/- (Rupees Five Hundred only). We also remit
herewith the amount of the premium of Rs ………. ………. …………. (Rupees ………. ………. ………….
only) as provided under bye law No.38 (e) (vii) of the bye laws of the society.
5. We state that the said shares and interest in the capital /property of the said society
have been held by us for a period of not less than a year.
6. We further state that the liabilities due to the said society by us as on the date of this application have
been fully paid by us. We also undertake to pay the liabilities which may become due till the transfer
application is approved by the society.
7. We hereby undertake to discharge any liabilities to the said society which are related to the
period of our membership with the said society and have become payable by us after cessation of
membership of the society due to any demand made by the local authority, Government or by any other
Authority on any account after cessation of my membership.
8. We propose to transfer the said shares and our interest is the capital / property of the said
society on the following grounds :
i) ...........................................................................
ii) .........................................................................
9. We also furnish herewith the undertaking in the prescribed form on one hundred Rupees
stamp paper about the registration of the transfer as required under section 269-A-B of the Income Tax
Act there under.
10. We have authorised Shri./Shrimati ………. ………. …………. to sign the application for
transfer on our behalf. A certified copy of the authority letter is enclosed herewith.
11. We request you to approve the proposed transfer and inform us accordingly.
Yours faithfully,
(Transferor)
(Signature of the Transferor)
Place :-
Date :-
79
FORM NO. 23
[Under the Bye-law No. 37 (e) (ii)]
Form of application for membership of the society by the Proposed transferee. [being an individual]
To,
The Secretary,
…… … ……… …… ……… … ……… …Co-op. Hsg. Soc. Ltd.
……… ………… ……… ………… ……
Sir,
Shri/Shrimati ………… ……… ………… intend to become a member of the ………… ……… …………
Co-operative Housing Society Ltd., having address at ………… ……… ………… by transfer of the
Shares Certificate No ………… ……… ………… for five fully paid up shares of Rupees Fifty each
bearing distinctive numbers from ………… to ………… ……… ………… [both inclusive] held by
Shri/Shrimati ………… ……… ………… the member of the said society and his / her interest in the flat
No………… admeasuring sq. metres, in the building of the said society, numbered / known as …………
……… ………… held by the said Shri/ Shrimati ………… ……… ………… to my name.
I had given my consent to the proposed transfer of the said shares and the interest of the said transferor
in the capital / property of the said society to me on ………… ……… …………
I now make this application for membership of the said society and for transfer of the said shares and
the interest of the said transferor in the capital / property of the said society to my name.
The particulars for the purpose of consideration of my application for membership of the …………
……… ………… Co-op. Hsg. Soc. Ltd., are given below :
Age :
Occupation :
Monthly Income : Rs.
Office Address :
Residential Address :
I remit herewith the entrance fee of Rs. 100/- [Rupees One Hundred only].
I declare that there is no plot / flat / house owned by me / any of the members of my family / the person
dependent on me, in the area of operation of the society.
OR*
I give below the particulars of the plot / flat / house owned by me /
any of the members of my family / the person dependent on me, in
the area of operation of the society.
Sr. Name of Particulars of the plot / flat / house Location of the Reasons as to why it is
No. the owned by me / the members of plot / flat / house necessary to have a flat in
person my family / the person dependent this society
on me, the area of operation of
the society
1 2 3 4 5
80
I furnish herewith the declaration in the prescribed form, on ten rupees stamp paper, about non-holding
of any vacant land or land with a building, in any urban agglomeration, specified under the Urban Land
(ceiling and Regulation) Act, 1976, the area of which exceeds 500 sq. mtrs.
I also furnish herewith the undertaking in the prescribed form, on ten rupees stamp paper, about
registration of the transfer under Section 269 AB of the Income-tax Act and the rules made thereunder.
I undertake to use the flat, proposed to be transferred to me, for the propose
mentioned in the letter that will be issued to me by the said society, under bye-law No. 76 (a) of the bye-laws of the
said society and that no change of the user of the said flat will be made by me without the prior approval of the society
in writing. The undertaking to that effect in the prescribed form is enclosed herewith.
I undertake to discharge all the liabilities to the society, which may become due from the date of my admission to the
membership of the society. As I have no independent source of income, I enclose herewith the undertaking in the
prescribed form from the person, on whom I am dependent, to the effect that he will discharge all the liabilities of the
society.
I enclose herewith the undertaking in the prescribed form that the plot / flat / house owned by me / any of the members
of my family / the person dependent on me, the details of which are given in this application about the disposal of the
said flat / plot / house.
I have gone through the bye-laws of the society and undertake to abide by the same and any modifications that the
Registering Authority may make in them.
I request you to please admit me as a member of the said society and transfer the shares and the interest of the
transferor in the capital / property of the said society to my name.
Yours faithfully,
Date :
81
APPENDIX No. 24
(Under the Bye-law No. 37(e)(ii))
Form of application for membership of the society by the proposed transferee (Being a Body Corporate)
To,
The Secretary,
………. …….. …….. ........... Co-operative Housing Society Ltd.,
Sir,
1.We, Messers ………. …….. …….. having address at ………. …….. ……..intend to become a member of the
Co-operative Housing Society Ltd., by transfer of Share Certificate No ………. …….. ……..for twenty fully paid up
shares bearing distinctive numbers from ………. …….. …….. to ………. …….. ……..(both inclusive) held by Shri/Smt
the member of the said society and his/her interest in Flat No ………. …….. …….. admeasuring ………. …….. ……..sq.
mtrs, in the building of the said society, numbered/named as to our name.
2.We had given our consent to the proposed transfer of the said shares and interes: of the said transferor in
the capital/ property of the said society to us on
3.We now make this application for membership of the said society and for transfer of the said shares and the
interest/ of the said transferor in the capital/ property of the said society to our name.
4.We remit herewith the entrance fee of Rs. 100/- (Rupees one hundred only) and Rs. 500/- (Rupees five
hundred only) as value of aforesaid shares as per bye-law No 19(B).
5.We hereby undertake to discharge all the liabilities to the society which ma. become due from the date of our
admission to the membership of the society.
6.We declare on the basis of the information given to us by the said society that by admitting us to membership
of the said society, the total membership of corporate bodies of the said society will not exceed the limit mentioned in
Government order enclosed at Annexure 1 to bye laws of the society.
7.We also furnish herewith the undertaking in the prescribed form on One Hundred Rupees
stamp paper about registration of the transfer under section 269 AB of the Income Tax Act and the rules made
their under.
8.We undertake to use the flat / tenement proposed to be transferred to us for the purpose mentioned in the
letter that will be issued to us by the said society under bye-law No. 76(a) of the bye-laws of the said society and that no
change of user of the said flat will be made by us without prior approved of the society in writing: The undertaking to
that effect in the prescribed form is enclosed herewith.
9.We have gone through the bye-laws of the society and the Government orders issued under section 22 of
Maharashtra Co-op. Societies Act, 1960 and undertake to abide by the same and any modifications that the registering
Authority and the Government may respectively make in them.
10.Shri/Shrimati ………. …….. …….. has been authorized to sign this application on our behalf. A certified
copy of the authority letter is enclosed herewith.
11.We request you to please admit us as member of the said society and to transfer said shares and the
interest of the transferor in the capital/ property of the said society to our name.
82
On A Hundred Rupees STAMP PAPER
APPENDIX-25(1)
(Under the Bye - law No. 37(e) (xi)
A form of undertaking about the registration of the transfer of a flat under Section 269 AB of the Income
- Tax Act.
(To be given jointly by the Transferor and the Transferee)
Place:-
Date :-
Note :- This undertaking is not necessary where the transfer is between two relatives, as defined in
Section 2(41) of the Income-Tax Act, or if the consideration for the transfer is Rs. 75,00,000/- or less
83
On A Hundred Rupees STAMP PAPER
APPENDIX 25(2)
(Under the Bye-laws Nos. 19A (vii) and (iv)
Form of Undertaking about the registration of the acquisition of a flat under section 269 AB of the
Income-Tax Act.)
(To be given by a person seeking direct admission to the membership of the Society)
Place :
Date :-
Note :- This Undertaking is not necessary where the transfer is between two relatives, as defined in
Section 2(41) of the Income-Tax Act, or if the consideration for the transfer is Rs.75,00,000/- or less.
84
APPENDIX -26
(Under the Bye-law No.39)
A form of intimation by the society to the transferee about exercise of rights of membership by him.
To,
Shri. /Shrimati/ Messers, ……….. ………. …..
……… ……….. ……… ……… …….. …….
Upon acceptance of the application for transfer of Shares and interest of Shri/ Shrimati / Messrs ………
……… ……….. in the capital/ property of the society, to you and upon acceptance of your application
for membership of this society simultaneously, in the General Body Meeting of the society, held on
……….. ……… …….. your name has been entered in the Register of Members in "I" Form and in the
List of Members in "J" Form and necessary endorsement of transfer of shares held by the transferor to
your name has been made in the letter bearing No………. ……….. Upon receiving this letter, you shall
be eligible to exercise the rights of membership of this society in accordance with the Act, Rules and the
Bye-Laws of the Society.
The said share certificate, duly endorsed in your name, is enclosed herewith.
.
Yours faithfully,
Secretary
The. ….. ……. ……. Co-operative Housing Society Lid.
Place:-
Date :-
85
APPENDIX 27
(Under the Bye-law No. 59)
Yours faithfully
Date :-
86
APPENDIX 28
Form for filing Grievance by Member with the Registering Authority
1. अजर्दार यांचे नाव व पत्ता
................ ...............
................ ...............
महोदय
87
तबार अजार्तील िवषय पुढीलूमाणे
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88
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